[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2638 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                         July 26, 2007.
    Resolved, That the bill from the House of Representatives (H.R. 
2638) entitled ``An Act making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2008, for the Department of Homeland Security and for 
other purposes, namely:

                                TITLE I

                    DEPARTMENT OF HOMELAND SECURITY

                 DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

    For necessary expenses of the Office of the Secretary of Homeland 
Security, as authorized by section 102 of the Homeland Security Act of 
2002 (6 U.S.C. 112), and executive management of the Department of 
Homeland Security, as authorized by law, $100,000,000: Provided, That 
not to exceed $40,000 shall be for official reception and 
representation expenses: Provided further, That $15,000,000 shall not 
be available for obligation until the Secretary certifies and reports 
to the Committees on Appropriations of the Senate and the House of 
Representatives that the Department has revised Departmental guidance 
with respect to relations with the Government Accountability Office to 
specifically provide for: (1) expedited timeframes for providing the 
Government Accountability Office with access to records not to exceed 
20 days from the date of request; (2) expedited timeframes for 
interviews of program officials by the Government Accountability Office 
after reasonable notice has been furnished to the Department by the 
Government Accountability Office; and (3) a significant streamlining of 
the review process for documents and interview requests by liaisons, 
counsel, and program officials, consistent with the objective that the 
Government Accountability Office be given timely and complete access to 
documents and agency officials: Provided further, That the Secretary 
shall make the revisions to Departmental guidance with respect to 
relations with the Government Accountability Office in consultation 
with the Comptroller General of the United States.

              Office of the Under Secretary for Management

    For necessary expenses of the Office of the Under Secretary for 
Management, as authorized by sections 701 through 705 of the Homeland 
Security Act of 2002 (6 U.S.C. 341 through 345), $234,883,000, of which 
not to exceed $3,000 shall be for official reception and representation 
expenses: Provided, That of the total amount, $6,000,000 shall remain 
available until expended solely for the alteration and improvement of 
facilities, tenant improvements, and relocation costs to consolidate 
Department headquarters operations; and $88,000,000 shall remain 
available until expended for the Consolidated Headquarters Project.

                 Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial 
Officer, as authorized by section 103 of the Homeland Security Act of 
2002 (6 U.S.C. 113), $30,076,000.

                Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, as authorized by section 103 of the Homeland Security Act of 
2002 (6 U.S.C. 113), and Department-wide technology investments, 
$321,100,000; of which $82,400,000 shall be available for salaries and 
expenses; and of which $238,700,000, to remain available until 
expended, shall be available for development and acquisition of 
information technology equipment, software, services, and related 
activities for the Department of Homeland Security, of which 
$97,300,000 shall be for the National Center for Critical Information 
Processing and Storage: Provided, That none of the funds appropriated 
shall be used to support or supplement the appropriations provided for 
the United States Visitor and Immigrant Status Indicator Technology 
project or the Automated Commercial Environment.

                        Analysis and Operations

    For necessary expenses for information analysis and operations 
coordination activities, as authorized by title II of the Homeland 
Security Act of 2002 (6 U.S.C. 121 et seq.), $306,000,000, to remain 
available until September 30, 2009, of which not to exceed $5,000 shall 
be for official reception and representation expenses: Provided, That 
the Director of Operations Coordination shall encourage rotating State 
and local fire service representation at the National Operations 
Center.

      Office of the Federal Coordinator for Gulf Coast Rebuilding

    For necessary expenses of the Office of the Federal Coordinator for 
Gulf Coast Rebuilding, $3,000,000: Provided, That $1,000,000 shall not 
be available for obligation until the Committees on Appropriations of 
the Senate and the House of Representatives receive an expenditure plan 
for fiscal year 2008.

                      Office of Inspector General

                           operating expenses

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $95,211,000, of which not to exceed $150,000 may be used 
for certain confidential operational expenses, including the payment of 
informants, to be expended at the direction of the Inspector General: 
Provided, That the Inspector General shall investigate decisions made 
regarding, and the policy of the Federal Emergency Management Agency 
relating to, formaldehyde in trailers in the Gulf Coast region, the 
process used by the Federal Emergency Management Agency for collecting, 
reporting, and responding to health and safety concerns of occupants of 
housing supplied by the Federal Emergency Management Agency (including 
such housing supplied through a third party), and whether the Federal 
Emergency Management Agency adequately addressed public health and 
safety issues of households to which the Federal Emergency Management 
Agency provides disaster housing (including whether the Federal 
Emergency Management Agency adequately notified recipients of such 
housing, as appropriate, of potential health and safety concerns and 
whether the institutional culture of the Federal Emergency Management 
Agency properly prioritizes health and safety concerns of recipients of 
assistance from the Federal Emergency Management Agency), and submit a 
report to Congress relating to that investigation, including any 
recommendations.

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         salaries and expenses

    For necessary expenses for enforcement of laws relating to border 
security, immigration, customs, and agricultural inspections and 
regulatory activities related to plant and animal imports; purchase and 
lease of up to 4,500 (2,400 for replacement only) police-type vehicles; 
and contracting with individuals for personal services abroad; 
$6,601,058,000; of which $230,316,000 shall remain available until 
September 30, 2009, to support software development, equipment, 
contract services, and the implementation of inbound lanes and 
modification to vehicle primary processing lanes at ports of entry; of 
which $15,000,000 shall be used to procure commercially available 
technology in order to expand and improve the risk-based approach of 
the Department of Homeland Security to target and inspect cargo 
containers under the Secure Freight Initiative and the Global Trade 
Exchange; of which $3,093,000 shall be derived from the Harbor 
Maintenance Trust Fund for administrative expenses related to the 
collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3) 
of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and 
notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002 
(6 U.S.C. 551(e)(1)); of which not to exceed $45,000 shall be for 
official reception and representation expenses; of which not less than 
$226,740,000 shall be for Air and Marine Operations; of which such sums 
as become available in the Customs User Fee Account, except sums 
subject to section 13031(f)(3) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from 
that account; of which not to exceed $150,000 shall be available for 
payment for rental space in connection with preclearance operations; of 
which $40,000,000 shall be utilized to develop and implement a Model 
Ports of Entry program and provide resources necessary for 200 
additional U.S. Customs and Border Protection officers at the 20 United 
States international airports that have the highest number of foreign 
visitors arriving annually as determined pursuant to the most recent 
data collected by U.S. Customs and Border Protection available on the 
date of enactment of this Act, to provide a more efficient and 
welcoming international arrival process in order to facilitate and 
promote business and leisure travel to the United States while also 
improving security; and of which not to exceed $1,000,000 shall be for 
awards of compensation to informants, to be accounted for solely under 
the certificate of the Secretary of Homeland Security: Provided, That 
for fiscal year 2008, the overtime limitation prescribed in section 
5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 267(c)(1)) shall be 
$35,000; and notwithstanding any other provision of law, none of the 
funds appropriated by this Act may be available to compensate any 
employee of U.S. Customs and Border Protection for overtime, from 
whatever source, in an amount that exceeds such limitation, except in 
individual cases determined by the Secretary of Homeland Security, or 
the designee of the Secretary, to be necessary for national security 
purposes, to prevent excessive costs, or in cases of immigration 
emergencies.

                        automation modernization

    For expenses for customs and border protection automated systems, 
$476,609,000, to remain available until expended, of which not less 
than $316,969,000 shall be for the development of the Automated 
Commercial Environment: Provided, That of the total amount made 
available under this heading, $216,969,000 may not be obligated for the 
Automated Commercial Environment until the Committees on Appropriations 
of the Senate and the House of Representatives receive a plan for 
expenditure prepared by the Secretary of Homeland Security that 
includes:
            (1) a detailed accounting of the program's progress to date 
        relative to system capabilities or services, system performance 
        levels, mission benefits and outcomes, milestones, cost 
        targets, and program management capabilities;
            (2) an explicit plan of action defining how all funds are 
        to be obligated to meet future program commitments, with the 
        planned expenditure of funds linked to the milestone-based 
        delivery of specific capabilities, services, performance 
        levels, mission benefits and outcomes, and program management 
        capabilities;
            (3) a listing of all open Government Accountability Office 
        and Office of Inspector General recommendations related to the 
        program and the status of Department of Homeland Security 
        actions to address the recommendations, including milestones 
        for fully addressing them;
            (4) a certification by the Chief Financial Officer of the 
        Department that the program has been reviewed and approved in 
        accordance with the investment management process of the 
        Department, and that the process fulfills all capital planning 
        and investment control requirements and reviews established by 
        the Office of Management and Budget, including Circular A-11, 
        part 7;
            (5) a certification by the Chief Information Officer of the 
        Department that an independent validation and verification 
        agent has and will continue to actively review the program;
            (6) a certification by the Chief Information Officer of the 
        Department that the system architecture of the program is 
        sufficiently aligned with the information systems enterprise 
        architecture of the Department to minimize future rework, 
        including a description of all aspects of the architectures 
        that were and were not assessed in making the alignment 
        determination, the date of the alignment determination, any 
        known areas of misalignment along with the associated risks and 
        corrective actions to address any such areas;
            (7) a certification by the Chief Procurement Officer of the 
        Department that the plans for the program comply with the 
        Federal acquisition rules, requirements, guidelines, and 
        practices, and a description of the actions being taken to 
        address areas of non-compliance, the risks associated with them 
        along with any plans for addressing these risks and the status 
        of their implementation;
            (8) a certification by the Chief Information Officer of the 
        Department that the program has a risk management process that 
        regularly identifies, evaluates, mitigates, and monitors risks 
        throughout the system life cycle, and communicates high-risk 
        conditions to agency and department heads, as well as a listing 
        of all the program's high risks and the status of efforts to 
        address them; and
            (9) a certification by the Chief Human Capital Officer of 
        the Department that the human capital needs of the program are 
        being strategically and proactively managed, and that current 
        human capital capabilities are sufficient to execute the plans 
        discussed in the report.

        border security fencing, infrastructure, and technology

    For expenses for customs and border protection fencing, 
infrastructure, and technology, $1,000,000,000, to remain available 
until expended: Provided, That of the amount provided under this 
heading, $500,000,000 shall not be obligated until the Committees on 
Appropriations of the Senate and the House of Representatives receive 
and approve a plan for expenditure, prepared by the Secretary of 
Homeland Security and submitted within 90 days after the date of 
enactment of this Act, that includes:
            (1) a detailed accounting of the program's progress to date 
        relative to system capabilities or services, system performance 
        levels, mission benefits and outcomes, milestones, cost 
        targets, and program management capabilities;
            (2) an explicit plan of action defining how all funds are 
        to be obligated to meet future program commitments, with the 
        planned expenditure of funds linked to the milestone-based 
        delivery of specific capabilities, services, performance 
        levels, mission benefits and outcomes, and program management 
        capabilities;
            (3) a listing of all open Government Accountability Office 
        and Office of Inspector General recommendations related to the 
        program and the status of Department of Homeland Security 
        actions to address the recommendations, including milestones 
        for fully addressing them;
            (4) a certification by the Chief Financial Officer of the 
        Department that the program has been reviewed and approved in 
        accordance with the investment management process of the 
        Department, and that the process fulfills all capital planning 
        and investment control requirements and reviews established by 
        the Office of Management and Budget, including Circular A-11, 
        part 7;
            (5) a certification by the Chief Information Officer of the 
        Department that an independent validation and verification 
        agent has and will continue to actively review the program;
            (6) a certification by the Chief Information Officer of the 
        Department that the system architecture of the program is 
        sufficiently aligned with the information systems enterprise 
        architecture of the Department to minimize future rework, 
        including a description of all aspects of the architectures 
        that were and were not assessed in making the alignment 
        determination, the date of the alignment determination, any 
        known areas of misalignment along with the associated risks and 
        corrective actions to address any such areas;
            (7) a certification by the Chief Procurement Officer of the 
        Department that the plans for the program comply with the 
        Federal acquisition rules, requirements, guidelines, and 
        practices, and a description of the actions being taken to 
        address areas of non-compliance, the risks associated with them 
        along with any plans for addressing these risks and the status 
        of their implementation;
            (8) a certification by the Chief Information Officer of the 
        Department that the program has a risk management process that 
        regularly identifies, evaluates, mitigates, and monitors risks 
        throughout the system life cycle, and communicates high-risk 
        conditions to agency and department heads, as well as a listing 
        of all the program's high risks and the status of efforts to 
        address them;
            (9) a certification by the Chief Human Capital Officer of 
        the Department that the human capital needs of the program are 
        being strategically and proactively managed, and that current 
        human capital capabilities are sufficient to execute the plans 
        discussed in the report;
            (10) a description of initial plans for securing the 
        Northern border and United States maritime border; and
            (11) which is reviewed by the Government Accountability 
        Office.

 air and marine interdiction, operations, maintenance, and procurement

    For necessary expenses for the operations, maintenance, and 
procurement of marine vessels, aircraft, unmanned aircraft systems, and 
other related equipment of the air and marine program, including 
operational training and mission-related travel, and rental payments 
for facilities occupied by the air or marine interdiction and demand 
reduction programs, the operations of which include the following: the 
interdiction of narcotics and other goods; the provision of support to 
Federal, State, and local agencies in the enforcement or administration 
of laws enforced by the Department of Homeland Security; and at the 
discretion of the Secretary of Homeland Security, the provision of 
assistance to Federal, State, and local agencies in other law 
enforcement and emergency humanitarian efforts, $488,947,000, to remain 
available until expended: Provided, That no aircraft or other related 
equipment, with the exception of aircraft that are one of a kind and 
have been identified as excess to United States Customs and Border 
Protection requirements and aircraft that have been damaged beyond 
repair, shall be transferred to any other Federal agency, department, 
or office outside of the Department of Homeland Security during fiscal 
year 2008 without the prior approval of the Committees on 
Appropriations of the Senate and the House of Representatives.

                              construction

    For necessary expenses to plan, construct, renovate, equip, and 
maintain buildings and facilities necessary for the administration and 
enforcement of the laws relating to customs and immigration, 
$274,863,000, to remain available until expended; of which $40,200,000 
shall be for the Advanced Training Center.

                U.S. Immigration and Customs Enforcement

                         salaries and expenses

    For necessary expenses for enforcement of immigration and customs 
laws, detention and removals, and investigations; and purchase and 
lease of up to 3,790 (2,350 for replacement only) police-type vehicles; 
$4,401,643,000, of which not to exceed $7,500,000 shall be available 
until expended for conducting special operations under section 3131 of 
the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which not to 
exceed $15,000 shall be for official reception and representation 
expenses; of which not to exceed $1,000,000 shall be for awards of 
compensation to informants, to be accounted for solely under the 
certificate of the Secretary of Homeland Security; of which not less 
than $102,000 shall be for promotion of public awareness of the child 
pornography tipline; of which not less than $203,000 shall be for 
Project Alert; of which not less than $5,400,000 shall be used to 
facilitate agreements consistent with section 287(g) of the Immigration 
and Nationality Act (8 U.S.C. 1357(g)); and of which not to exceed 
$11,216,000 shall be available to fund or reimburse other Federal 
agencies for the costs associated with the care, maintenance, and 
repatriation of smuggled illegal aliens: Provided, That none of the 
funds made available under this heading shall be available to 
compensate any employee for overtime in an annual amount in excess of 
$35,000, except that the Secretary of Homeland Security, or the 
designee of the Secretary, may waive that amount as necessary for 
national security purposes and in cases of immigration emergencies: 
Provided further, That of the total amount provided, $15,770,000 shall 
be for activities to enforce laws against forced child labor in fiscal 
year 2008, of which not to exceed $6,000,000 shall remain available 
until expended.

                       federal protective service

    The revenues and collections of security fees credited to this 
account shall be available until expended for necessary expenses 
related to the protection of federally-owned and leased buildings and 
for the operations of the Federal Protective Service: Provided, That 
the Secretary of Homeland Security and the Director of the Office of 
Management and Budget shall certify in writing to the Committees on 
Appropriations of the Senate and the House of Representatives no later 
than November 1, 2007, that the operations of the Federal Protective 
Service will be fully funded in fiscal year 2008 through revenues and 
collection of security fees: Provided further, That a certification 
shall be provided no later than February 10, 2008, for fiscal year 
2009: Provided further, That the Secretary of Homeland Security shall 
ensure that the workforce of the Federal Protective Service includes 
not fewer than 1,200 Commanders, Police Officers, Inspectors, and 
Special Agents engaged on a daily basis in protecting Federal buildings 
(under this heading referred to as ``in-service'') contingent on the 
availability of sufficient revenue in collections of security fees in 
this account for this purpose: Provided further, That the Secretary of 
Homeland Security and the Director of the Office of Management and 
Budget shall adjust fees as necessary to ensure full funding of not 
fewer than 1,200 in-service Commanders, Police Officers, Inspectors, 
and Special Agents at the Federal Protective Service.

                        automation modernization

    For expenses of immigration and customs enforcement automated 
systems, $15,000,000, to remain available until expended: Provided, 
That of the funds made available under this heading, $5,000,000 may not 
be obligated until the Committees on Appropriations of the Senate and 
the House of Representatives receive a plan for expenditure prepared by 
the Secretary of Homeland Security.

                              construction

    For necessary expenses to plan, construct, renovate, equip, and 
maintain buildings and facilities necessary for the administration and 
enforcement of the laws relating to customs and immigration, 
$16,250,000, to remain available until expended.

                 Transportation Security Administration

                           aviation security

    For necessary expenses of the Transportation Security 
Administration related to providing civil aviation security services 
pursuant to the Aviation and Transportation Security Act (Public Law 
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $5,042,559,000, to remain 
available until September 30, 2009, of which not to exceed $10,000 
shall be for official reception and representation expenses: Provided, 
That of the total amount made available under this heading, not to 
exceed $4,074,889,000 shall be for screening operations, of which 
$529,400,000 shall be available only for procurement and installation 
of checked baggage explosive detection systems; and not to exceed 
$967,445,000 shall be for aviation security direction and enforcement: 
Provided further, That security service fees authorized under section 
44940 of title 49, United States Code, shall be credited to this 
appropriation as offsetting collections and shall be available only for 
aviation security: Provided further, That the sum herein appropriated 
from the General Fund shall be reduced on a dollar-for-dollar basis as 
such offsetting collections are received during fiscal year 2008, so as 
to result in a final fiscal year appropriation from the General Fund 
estimated at not more than $2,332,344,000: Provided further, That any 
security service fees collected in excess of the amount made available 
under this heading shall become available during fiscal year 2009: 
Provided further, That Members of the United States House of 
Representatives and United States Senate, including the leadership; and 
the heads of Federal agencies and commissions, including the Secretary, 
Under Secretaries, and Assistant Secretaries of the Department of 
Homeland Security; the United States Attorney General and Assistant 
Attorneys General and the United States attorneys; and senior members 
of the Executive Office of the President, including the Director of the 
Office of Management and Budget; shall not be exempt from Federal 
passenger and baggage screening.

                    surface transportation security

    For necessary expenses of the Transportation Security 
Administration related to providing surface transportation security 
activities, $41,413,000, to remain available until September 30, 2009.

           transportation threat assessment and credentialing

    For necessary expenses for the development and implementation of 
screening programs of the Office of Transportation Threat Assessment 
and Credentialing, $67,490,000, to remain available until September 30, 
2009.

                    transportation security support

    For necessary expenses of the Transportation Security 
Administration related to providing transportation security support and 
intelligence pursuant to the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $521,515,000, 
to remain available until September 30, 2009: Provided, That of the 
funds appropriated under this heading, $20,000,000 may not be obligated 
until the Secretary of Homeland Security submits to the Committees on 
Appropriations of the Senate and the House of Representatives a 
strategic plan required for checkpoint technologies as described in the 
joint explanatory statement of managers accompanying the fiscal year 
2007 conference report (H. Rept. 109-699): Provided further, That this 
plan shall be submitted no later than 60 days after the date of 
enactment of this Act.

                          federal air marshals

    For necessary expenses of the Federal Air Marshals, $722,000,000.

                       United States Coast Guard

                           operating expenses

    For necessary expenses for the operation and maintenance of the 
United States Coast Guard not otherwise provided for; purchase or lease 
of not to exceed 25 passenger motor vehicles, which shall be for 
replacement only; payments pursuant to section 156 of Public Law 97-377 
(42 U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare; 
$5,930,545,000, of which $340,000,000 shall be for defense-related 
activities; of which $24,500,000 shall be derived from the Oil Spill 
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of 
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which not 
to exceed $10,000 shall be for official reception and representation 
expenses: Provided, That none of the funds made available by this or 
any other Act shall be available for administrative expenses in 
connection with shipping commissioners in the United States: Provided 
further, That none of the funds made available by this Act shall be for 
expenses incurred for yacht documentation under section 12109 of title 
46, United States Code, except to the extent fees are collected from 
yacht owners and credited to this appropriation.

                environmental compliance and restoration

    For necessary expenses to carry out the environmental compliance 
and restoration functions of the United States Coast Guard under 
chapter 19 of title 14, United States Code, $12,079,000, to remain 
available until expended.

                            reserve training

    For necessary expenses of the Coast Guard Reserve, as authorized by 
law; operations and maintenance of the reserve program; personnel and 
training costs; and equipment and services; $126,883,000.

              acquisition, construction, and improvements

                    (including rescissions of funds)

    For necessary expenses of acquisition, construction, renovation, 
and improvement of aids to navigation, shore facilities, vessels, and 
aircraft, including equipment related thereto; and maintenance, 
rehabilitation, lease and operation of facilities and equipment, as 
authorized by law; $1,048,068,000, of which $20,000,000 shall be 
derived from the Oil Spill Liability Trust Fund to carry out the 
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)); of which $9,200,000 shall be available until 
September 30, 2012, to acquire, repair, renovate, or improve vessels, 
small boats, and related equipment; of which $173,600,000 shall be 
available until September 30, 2010, for other equipment; of which 
$37,897,000 shall be available until September 30, 2010, for shore 
facilities and aids to navigation facilities; of which $505,000 shall 
be available for personnel related costs; and of which $770,079,000 
shall be available until September 30, 2012, for the Integrated 
Deepwater Systems program: Provided, That no funds shall be available 
for procurements related to the acquisition of additional major assets 
as part of the Integrated Deepwater Systems program not already under 
contract until an Alternatives Analysis has been completed by an 
independent qualified third party: Provided further, That no funds 
contained in this Act shall be available for procurement of the third 
National Security Cutter until an Alternatives Analysis has been 
completed by an independent qualified third party: Provided further, 
That the Commandant of the Coast Guard is authorized to dispose of 
surplus real property, by sale or lease, and the proceeds shall be 
credited to this appropriation as offsetting collections and shall be 
available until September 30, 2010: Provided further, That of amounts 
made available under this heading in Public Law 109-90, $48,787,000 for 
the Offshore Patrol Cutter are rescinded: Provided further, That of the 
amounts made available under this heading in Public Law 109-295, 
$8,000,000 for the Fast Response Cutter (FRC-A) are rescinded: Provided 
further, That the Secretary shall submit an expenditure plan to the 
Committees on Appropriations of the Senate and the House of 
Representatives within 60 days after the date of enactment of this Act 
for funds made available for the Integrated Deepwater Program, that: 
(1) defines activities, milestones, yearly costs, and life-cycle costs 
for each procurement of a major asset; (2) identifies life-cycle 
staffing and training needs of Coast Guard project managers and of 
procurement and contract staff; (3) includes a certification by the 
Chief Human Capital Officer of the Department that current human 
capital capabilities are sufficient to execute the plans discussed in 
the report; (4) identifies individual project balances by fiscal year, 
including planned carryover into fiscal year 2009 by project; (5) 
identifies operational gaps for all Deepwater assets and an explanation 
of how funds provided in this Act address the shortfalls between 
current operational capabilities and requirements; (6) includes a 
listing of all open Government Accountability Office and Office of 
Inspector General recommendations related to the program and the status 
of Coast Guard actions to address the recommendations, including 
milestones for fully addressing them; (7) includes a certification by 
the Chief Financial Officer of the Department that the program has been 
reviewed and approved in accordance with the investment management 
process of the Department, and that the process fulfills all capital 
planning and investment control requirements and reviews established by 
the Office of Management and Budget, including Circular A-11, part 7; 
(8) identifies competition to be conducted in each procurement; (9) 
includes a certification by the head of contracting activity for the 
Coast Guard and the Chief Procurement Officer of the Department that 
the plans for the program comply with the Federal acquisition rules, 
requirements, guidelines, and practices, and a description of the 
actions being taken to address areas of non-compliance, the risks 
associated with them along with plans for addressing these risks and 
the status of their implementation; (10) identifies the use of 
independent validation and verification; and (11) is reviewed by the 
Government Accountability Office: Provided further, That the Secretary 
of Homeland Security shall submit to the Committees on Appropriations 
of the Senate and the House of Representatives, in conjunction with the 
President's fiscal year 2009 budget, a review of the Revised Deepwater 
Implementation Plan that identifies any changes to the plan for the 
fiscal year; an annual performance comparison of Deepwater assets to 
pre-Deepwater legacy assets; a status report of legacy assets; a 
detailed explanation of how the costs of legacy assets are being 
accounted for within the Deepwater program; and the earned value 
management system gold card data for each Deepwater asset: Provided 
further, That the Secretary shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a 
comprehensive review of the Revised Deepwater Implementation Plan every 
five years, beginning in fiscal year 2011, that includes a complete 
projection of the acquisition costs and schedule for the duration of 
the plan through fiscal year 2027: Provided further, That the Secretary 
shall annually submit to the Committees on Appropriations of the Senate 
and the House of Representatives, at the time that the President's 
budget is submitted under section 1105(a) of title 31, United States 
Code, a future-years capital investment plan for the Coast Guard that 
identifies for each capital budget line item--
            (1) the proposed appropriation included in that budget;
            (2) the total estimated cost of completion;
            (3) projected funding levels for each fiscal year for the 
        next five fiscal years or until project completion, whichever 
        is earlier;
            (4) an estimated completion date at the projected funding 
        levels; and
            (5) changes, if any, in the total estimated cost of 
        completion or estimated completion date from previous future-
        years capital investment plans submitted to the Committees on 
        Appropriations of the Senate and the House of Representatives:
Provided further, That the Secretary shall ensure that amounts 
specified in the future-years capital investment plan are consistent to 
the maximum extent practicable with proposed appropriations necessary 
to support the programs, projects, and activities of the Coast Guard in 
the President's budget as submitted under section 1105(a) of title 31, 
United States Code, for that fiscal year: Provided further, That any 
inconsistencies between the capital investment plan and proposed 
appropriations shall be identified and justified.

                         alteration of bridges

    For necessary expenses for alteration or removal of obstructive 
bridges, as authorized by section 6 of the Truman-Hobbs Act (33 U.S.C. 
516), $16,000,000, to remain available until expended.

              research, development, test, and evaluation

    For necessary expenses for applied scientific research, 
development, test, and evaluation; and for maintenance, rehabilitation, 
lease, and operation of facilities and equipment; as authorized by law; 
$25,583,000, to remain available until expended, of which $500,000 
shall be derived from the Oil Spill Liability Trust Fund to carry out 
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)): Provided, That there may be credited to and used 
for the purposes of this appropriation funds received from State and 
local governments, other public authorities, private sources, and 
foreign countries for expenses incurred for research, development, 
testing, and evaluation.

                              retired pay

    For retired pay, including the payment of obligations otherwise 
chargeable to lapsed appropriations for this purpose, payments under 
the Retired Serviceman's Family Protection and Survivor Benefits Plans, 
payment for career status bonuses, concurrent receipts and combat-
related special compensation under the National Defense Authorization 
Act, and payments for medical care of retired personnel and their 
dependents under chapter 55 of title 10, United States Code, 
$1,184,720,000, to remain available until expended.

                      United States Secret Service

                         salaries and expenses

    For necessary expenses of the United States Secret Service, 
including purchase of not to exceed 645 vehicles for police-type use, 
which shall be for replacement only, and hire of passenger motor 
vehicles; purchase of motorcycles made in the United States; hire of 
aircraft; services of expert witnesses at such rates as may be 
determined by the Director of the Secret Service; rental of buildings 
in the District of Columbia, and fencing, lighting, guard booths, and 
other facilities on private or other property not in Government 
ownership or control, as may be necessary to perform protective 
functions; payment of per diem or subsistence allowances to employees 
where a protective assignment during the actual day or days of the 
visit of a protectee requires an employee to work 16 hours per day or 
to remain overnight at a post of duty; conduct of and participation in 
firearms matches; presentation of awards; travel of Secret Service 
employees on protective missions without regard to the limitations on 
such expenditures in this or any other Act if approval is obtained in 
advance from the Committees on Appropriations of the Senate and the 
House of Representatives; research and development; grants to conduct 
behavioral research in support of protective research and operations; 
and payment in advance for commercial accommodations as may be 
necessary to perform protective functions; $1,392,171,000, of which not 
to exceed $25,000 shall be for official reception and representation 
expenses; of which not to exceed $100,000 shall be to provide technical 
assistance and equipment to foreign law enforcement organizations in 
counterfeit investigations; of which $2,366,000 shall be for forensic 
and related support of investigations of missing and exploited 
children; and of which $6,000,000 shall be a grant for activities 
related to the investigations of missing and exploited children and 
shall remain available until expended: Provided, That up to $18,000,000 
provided for protective travel shall remain available until September 
30, 2009: Provided further, That the United States Secret Service is 
authorized to obligate funds in anticipation of reimbursements from 
Federal agencies and entities, as defined in section 105 of title 5, 
United States Code, receiving training sponsored by the James J. Rowley 
Training Center, except that total obligations at the end of the fiscal 
year shall not exceed total budgetary resources available under this 
heading at the end of the fiscal year.

     acquisition, construction, improvements, and related expenses

    For necessary expenses for acquisition, construction, repair, 
alteration, and improvement of facilities, $3,725,000, to remain 
available until expended.

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate

                     management and administration

    For salaries and expenses of the immediate Office of the Under 
Secretary for National Protection and Programs, the National Protection 
Planning Office, support services for business operations and 
information technology, and facility costs, $30,000,000: Provided, That 
of the amount provided, $15,000,000 shall not be obligated until the 
Committees on Appropriations of the Senate and the House of 
Representatives receive and approve in full an expenditure plan by 
program, project, and activity; prepared by the Secretary of Homeland 
Security that has been reviewed by the Government Accountability 
Office.

           infrastructure protection and information security

    For necessary expenses for infrastructure protection and 
information security programs and activities, as authorized by title II 
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) or subtitle 
J of title VIII of the Homeland Security Act of 2002, as added by this 
Act, $527,099,000, of which $497,099,000 shall remain available until 
September 30, 2009, and of which, $2,000,000 shall be to carry out 
subtitle J of title VIII of the Homeland Security Act of 2002, as added 
by this Act: Provided, That $10,043,000 shall be for the Office of 
Bombing Prevention and not more than $26,100,000 shall be for the Next 
Generation Network.

    united states visitor and immigrant status indicator technology

    For necessary expenses for the development of the United States 
Visitor and Immigrant Status Indicator Technology project, as 
authorized by section 110 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), $362,000,000, to 
remain available until expended: Provided, That of the total amount 
made available under this heading, $100,000,000 may not be obligated 
for the United States Visitor and Immigrant Status Indicator Technology 
project until the Committees on Appropriations of the Senate and the 
House of Representatives receive and approve a plan for expenditure 
prepared by the Secretary of Homeland Security that includes:
            (1) a detailed accounting of the program's progress to date 
        relative to system capabilities or services, system performance 
        levels, mission benefits and outcomes, milestones, cost 
        targets, and program management capabilities;
            (2) an explicit plan of action defining how all funds are 
        to be obligated to meet future program commitments, with the 
        planned expenditure of funds linked to the milestone-based 
        delivery of specific capabilities, services, performance 
        levels, mission benefits and outcomes, and program management 
        capabilities;
            (3) a listing of all open Government Accountability Office 
        and Office of Inspector General recommendations related to the 
        program and the status of Department of Homeland Security 
        actions to address the recommendations, including milestones 
        for fully addressing them;
            (4) a certification by the Chief Financial Officer of the 
        Department that the program has been reviewed and approved in 
        accordance with the investment management process of the 
        Department, and that the process fulfills all capital planning 
        and investment control requirements and reviews established by 
        the Office of Management and Budget, including Circular A-11, 
        part 7;
            (5) a certification by the Chief Information Officer of the 
        Department that an independent validation and verification 
        agent has and will continue to actively review the program;
            (6) a certification by the Chief Information Officer of the 
        Department that the system architecture of the program is 
        sufficiently aligned with the information systems enterprise 
        architecture of the Department to minimize future rework, 
        including a description of all aspects of the architectures 
        that were and were not assessed in making the alignment 
        determination, the date of the alignment determination, any 
        known areas of misalignment along with the associated risks and 
        corrective actions to address any such areas;
            (7) a certification by the Chief Procurement Officer of the 
        Department that the plans for the program comply with the 
        Federal acquisition rules, requirements, guidelines, and 
        practices, and a description of the actions being taken to 
        address areas of non-compliance, the risks associated with them 
        along with any plans for addressing these risks and the status 
        of their implementation;
            (8) a certification by the Chief Information Officer of the 
        Department that the program has a risk management process that 
        regularly identifies, evaluates, mitigates, and monitors risks 
        throughout the system life cycle, and communicates high-risk 
        conditions to agency and department heads, as well as a listing 
        of all the program's high risks and the status of efforts to 
        address them;
            (9) a certification by the Chief Human Capital Officer of 
        the Department that the human capital needs of the program are 
        being strategically and proactively managed, and that current 
        human capital capabilities are sufficient to execute the plans 
        discussed in the report; and
            (10) which is reviewed by the Government Accountability 
        Office.

                        Office of Health Affairs

    For the necessary expenses of the Office of Health Affairs, 
$115,000,000; of which $20,817,000 is for salaries and expenses; and of 
which $94,183,000 is for biosurveillance, biowatch, chemical response, 
and related activities for the Department of Homeland Security, to 
remain available until September 30, 2009: Provided, That not to exceed 
$3,000 shall be for official reception and representation expenses.

                  Federal Emergency Management Agency

                     management and administration

    For necessary expenses for management and administration, 
$678,600,000, including activities authorized by the National Flood 
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), 
the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), 
sections 107 and 303 of the National Security Act of 1947 (50 U.S.C. 
404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), the 
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), and the Post-
Katrina Emergency Management Reform Act of 2006 (Public Law 109-295; 
120 Stat. 1394): Provided, That not to exceed $3,000 shall be for 
official reception and representation expenses: Provided further, That 
$426,020,000 shall be for Operations Activities: Provided further, That 
$216,580,000 shall be for Management Activities: Provided further, That 
$6,000,000 shall be for the Office of the National Capital Region 
Coordination: Provided further, That for purposes of planning, 
coordination, execution, and decisionmaking related to mass evacuation 
during a disaster, the Governors of the State of West Virginia and the 
Commonwealth of Pennsylvania, or their designees, shall be incorporated 
into efforts to integrate the activities of Federal, State, and local 
governments in the National Capital Region, as defined in section 882 
of Public Law 107-296, the Homeland Security Act of 2002: Provided 
further, That of the total amount made available under this heading, 
$30,000,000 shall be for Urban Search and Rescue Teams, of which not to 
exceed $1,600,000 may be made available for administrative costs: 
Provided further, That of the total amount made available under this 
heading, $1,000,000 shall be to develop a web-based version of the 
National Fire Incident Reporting System that will ensure that fire-
related data can be submitted and accessed by fire departments in real 
time: Provided further, That not later than 30 days after the date of 
enactment of this Act, the Administrator of the Federal Emergency 
Management Agency shall, as appropriate, update training practices for 
all customer service employees, employees in the Office of General 
Counsel, and other appropriate employees of the Federal Emergency 
Management Agency relating to addressing health concerns of recipients 
of assistance from the Federal Emergency Management Agency.

                        state and local programs

    For grants, contracts, cooperative agreements, and other 
activities, including grants to State and local governments for 
terrorism prevention activities, notwithstanding any other provision of 
law, $3,130,500,000, which shall be allocated as follows:
            (1) $525,000,000 for formula-based grants and $375,000,000 
        for law enforcement terrorism prevention grants, to be 
        allocated in accordance with section 1014 of the USA PATRIOT 
        ACT (42 U.S.C. 3714): Provided, That not to exceed 3 percent of 
        these amounts shall be available for program administration: 
        Provided further, That the application for grants shall be made 
        available to States within 45 days after the date of enactment 
        of this Act; that States shall submit applications within 90 
        days after the grant announcement; and the Federal Emergency 
        Management Agency shall act within 90 days after receipt of an 
        application: Provided further, That, in the event established 
        timeframes detailed in the preceding proviso for departmental 
        actions are missed, funding for the Immediate Office of the 
        Deputy Secretary shall be reduced by $1,000 per day until such 
        actions are executed: Provided further, That not less than 80 
        percent of any grant under this paragraph to a State shall be 
        made available by the State to local governments within 60 days 
        after the receipt of the funds; except in the case of Puerto 
        Rico, where not less than 50 percent of any grant under this 
        paragraph shall be made available to local governments within 
        60 days after the receipt of the funds.
            (2) $1,836,000,000 for discretionary grants, as determined 
        by the Secretary of Homeland Security, of which--
                    (A) $820,000,000 shall be for use in high-threat, 
                high-density urban areas, of which $20,000,000 shall be 
                available for assistance to organizations (as described 
                under section 501(c)(3) of the Internal Revenue Code of 
                1986 and exempt from tax section 501(a) of such code) 
                determined by the Secretary to be at high-risk of a 
                terrorist attack;
                    (B) $50,000,000 shall be for the Regional 
                Catastrophic Preparedness Grants;
                    (C) $400,000,000 shall be for infrastructure 
                protection grants related to port security pursuant to 
                46 U.S.C. 70107;
                    (D) $16,000,000 shall be for infrastructure 
                protection grants related to trucking industry 
                security;
                    (E) $12,000,000 shall be for infrastructure 
                protection grants related to intercity bus security;
                    (F) $400,000,000 shall be for infrastructure 
                protection grants related to intercity rail passenger 
                transportation (as defined in section 24102 of title 
                49, United States Code), freight rail, and transit 
                security;
                    (G) $50,000,000 shall be for infrastructure 
                protection grants related to buffer zone protection;
                    (H) $40,000,000 shall be available for the 
                Commercial Equipment Direct Assistance Program;
                    (I) $33,000,000 shall be for the Metropolitan 
                Medical Response System; and
                    (J) $15,000,000 shall be for Citizens Corps:
        Provided, That not to exceed 3 percent of subparagraphs (A)-(J) 
        shall be available for program administration: Provided 
        further, That for grants under subparagraphs (A), (B), and (J), 
        the application for grants shall be made available to States 
        within 45 days after the date of enactment of this Act; that 
        States shall submit applications within 90 days after the grant 
        announcement; and that the Federal Emergency Management Agency 
        shall act within 90 days after receipt of an application: 
        Provided further, That, in the event established timeframes 
        detailed in the preceding proviso for departmental actions are 
        missed, funding for the Immediate Office of the Deputy 
        Secretary shall be reduced by $1,000 per day until such actions 
        are executed: Provided further,  That no less than 80 percent 
        of any grant under this paragraph to a State shall be made 
        available by the State to local governments within 60 days 
        after the receipt of the funds: Provided further, That for 
        grants under subparagraphs (C) through (G), the applications 
        for such grants shall be made available to eligible applicants 
        not later than 75 days after the date of enactment of this Act, 
        eligible applicants shall submit applications not later than 45 
        days after the date of the grant announcement, and the Federal 
        Emergency Management Agency shall act on such applications not 
        later than 60 days after the date on which such an application 
        is received: Provided further, That, in the event established 
        timeframes detailed in the preceding proviso for departmental 
        actions are missed, funding for the Immediate Office of the 
        Deputy Secretary shall be reduced by $1,000 per day until such 
        actions are executed.
            (3) $294,500,000 for training, exercises, technical 
        assistance, and other programs.
            (4) $100,000,000 for grants under the Interoperable 
        Emergency Communications Grants Program established under title 
        XVIII of the Homeland Security Act of 2002: Provided, That the 
        amounts appropriated to the Department of Homeland Security for 
        discretionary spending in this Act shall be reduced on a pro 
        rata basis by the percentage necessary to reduce the overall 
        amount of such spending by $100,000,000:
Provided further, That none of the grants provided under this heading 
shall be used for the construction or renovation of facilities, except 
for a minor perimeter security project, not to exceed $1,000,000, as 
determined necessary by the Secretary of Homeland Security: Provided 
further, That the preceding proviso shall not apply to grants under 
subparagraphs (B), (C), (F), and (G) of paragraph (2) of this heading: 
Provided further, That funds appropriated for law enforcement terrorism 
prevention grants under paragraph (1) of this heading and discretionary 
grants under paragraph (2)(A) of this heading shall be available for 
operational costs, to include personnel overtime and overtime 
associated with the Federal Emergency Management Agency certified 
training, as needed: Provided further, That the Government 
Accountability Office shall report on the validity, relevance, 
reliability, timeliness, and availability of the risk factors 
(including threat, vulnerability, and consequence) used by the 
Secretary of Homeland Security and an analysis of the Department's 
policy of ranking States, cities, and other grantees by tiered groups, 
for the purpose of allocating grants funded under this heading, and the 
application of those factors in the allocation of funds to the 
Committees on Appropriations of the Senate and the House of 
Representatives on its findings not later than 45 days after the date 
of enactment of this Act: Provided further, That within seven days 
after the date of enactment of this Act, the Secretary of Homeland 
Security shall provide the Government Accountability Office with the 
risk methodology and other factors that will be used to allocate grants 
funded under this heading: Provided further, That not later than 15 
days after the date of enactment of this Act, the Administrator of the 
Federal Emergency Management Agency shall submit to the Committee on 
Appropriations and the Committee on Homeland Security and Governmental 
Affairs of the Senate a report detailing the actions taken as of that 
date, and any actions the Administrator will take, regarding the 
response of the Federal Emergency Management Agency to concerns over 
formaldehyde exposure, which shall include a description of any 
disciplinary or other personnel actions taken, a detailed policy for 
responding to any reports of potential health hazards posed by any 
materials provided by the Federal Emergency Management Agency 
(including housing, food, water, or other materials), and a description 
of any additional resources needed to implement such policy: Provided 
further, That the Administrator of the Federal Emergency Management 
Agency, in conjunction with the head of the Office of Health Affairs of 
the Department of Homeland Security, the Director of the Centers for 
Disease Control and Prevention, and the Administrator of the 
Environmental Protection Agency, shall design a program to 
scientifically test a representative sample of travel trailers and 
mobile homes provided by the Federal Emergency Management Agency, and 
surplus travel trailers and mobile homes to be sold or transferred by 
the Federal government on or after the date of enactment of this Act, 
for formaldehyde and, not later than 15 days after the date of 
enactment of this Act, submit to the Committee on Appropriations and 
the Committee on Homeland Security and Governmental Affairs of the 
Senate a report regarding the program designed, including a description 
of the design of the testing program and the quantity of and conditions 
under which trailers and mobile homes shall be tested and the 
justification for such design of the testing: Provided further, That in 
order to protect the health and safety of disaster victims, the testing 
program designed under the previous proviso shall provide for initial 
short-term testing, and longer-term testing, as required: Provided 
further, That not later than 45 days after the date of enactment of 
this Act, the Administrator of the Federal Emergency Management Agency, 
in conjunction with the head of the Office of Health Affairs of the 
Department of Homeland Security, the Director of the Centers for 
Disease Control and Prevention, and the Administrator of the 
Environmental Protection Agency, shall, at a minimum, complete the 
initial short-term testing described in the previous proviso: Provided 
further, That, to the extent feasible, the Administrator of the Federal 
Emergency Management Agency shall use a qualified contractor residing 
or doing business primarily in the Gulf Coast Area to carry out the 
testing program designed under this heading: Provided further, That, 
not later than 30 days after the date that the Administrator of the 
Federal Emergency Management Agency completes the short-term testing 
under this heading, the Administrator of the Federal Emergency 
Management Agency, in conjunction with the head of the Office of Health 
Affairs of the Department of Homeland Security, the Director of the 
Centers for Disease Control and Prevention, and the Administrator of 
the Environmental Protection Agency, shall submit to the Committee on 
Appropriations and the Committee on Homeland Security and Governmental 
Affairs of the Senate a report describing the results of the testing, 
analyzing such results, providing an assessment of whether there are 
any health risks associated with the results and the nature of any such 
health risks, and detailing the plans of the Administrator of the 
Federal Emergency Management Agency to act on the results of the 
testing, including any need to relocate individuals living in the 
trailers or mobile homes provided by the Federal Emergency Management 
Agency or otherwise assist individuals affected by the results, plans 
for the sale or transfer of any trailers or mobile homes (which shall 
be made in coordination with the Administrator of General Services), 
and plans to conduct further testing: Provided further, That after 
completing longer-term testing under this heading, the Administrator of 
the Federal Emergency Management Agency, in conjunction with the head 
of the Office of Health Affairs of the Department of Homeland Security, 
the Director of the Centers for Disease Control and Prevention, and the 
Administrator of the Environmental Protection Agency, shall submit to 
the Committee on Appropriations and the Committee on Homeland Security 
and Governmental Affairs of the Senate a report describing the results 
of the testing, analyzing such results, providing an assessment of 
whether any health risks are associated with the results and the nature 
of any such health risks, incorporating any additional relevant 
information from the shorter-term testing completed under this heading, 
and detailing the plans and recommendations of the Administrator of the 
Federal Emergency Management Agency to act on the results of the 
testing.

                     firefighter assistance grants

    For necessary expenses for programs authorized by the Federal Fire 
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), 
$700,000,000: Provided, That not to exceed five percent of this amount 
shall be available for program administration: Provided further, That 
funds shall be allocated as follows: (1) $560,000,000 shall be 
available to carry out section 33 of that Act (15 U.S.C. 2229), to 
remain available until September 30, 2009; and (2) $140,000,000 shall 
be available to carry out section 34 of that Act (15 U.S.C. 2229a).

                emergency management performance grants

    For necessary expenses for emergency management performance grants, 
as authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards 
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan 
No. 3 of 1978 (5 U.S.C. App.), $300,000,000: Provided, That total 
administrative costs shall not exceed three percent of the total 
appropriation.

              radiological emergency preparedness program

    The aggregate charges assessed during fiscal year 2008, as 
authorized in title III of the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the 
amounts anticipated by the Department of Homeland Security necessary 
for its radiological emergency preparedness program for the next fiscal 
year: Provided, That the methodology for assessment and collection of 
fees shall be fair and equitable and shall reflect costs of providing 
such services, including administrative costs of collecting such fees: 
Provided further, That fees received under this heading shall be 
deposited in this account as offsetting collections and will become 
available for authorized purposes on October 1, 2008, and remain 
available until expended.

                   united states fire administration

    For necessary expenses of the United States Fire Administration, as 
authorized by the Federal Fire Prevention and Control Act of 1974 (15 
U.S.C. 2201 et seq.) and the Homeland Security Act of 2002 (6 U.S.C. 
101 et seq.), $43,300,000.

                            disaster relief

                     (including transfer of funds)

    For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
$1,700,000,000, to remain available until expended: Provided, That of 
the total amount provided, $13,500,000 shall be transferred to the 
Department of Homeland Security Office of Inspector General for audits 
and investigations related to disasters, subject to section 503 of this 
Act: Provided further, That up to $48,000,000 and 250 positions may be 
transferred to ``Management and Administration'', Federal Emergency 
Management Agency, for management and administration functions, subject 
to section 503 of this Act.

            disaster assistance direct loan program account

    For activities under section 319 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5162), $875,000, of 
which $580,000 is for administrative expenses to carry out the direct 
loan program and $295,000 is for the cost of direct loans: Provided, 
That gross obligations for the principal amount of direct loans shall 
not exceed $25,000,000: Provided further, That the cost of modifying 
such loans shall be as defined in section 502 of the Congressional 
Budget Act of 1974 (2 U.S.C. 661a).

                      flood map modernization fund

    For necessary expenses under section 1360 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4101), $200,000,000, and such 
additional sums as may be provided by State and local governments or 
other political subdivisions for cost-shared mapping activities under 
section 1360(f)(2) of such Act, to remain available until expended: 
Provided, That total administrative costs shall not exceed three 
percent of the total appropriation.

                     national flood insurance fund

                     (including transfer of funds)

    For activities under the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.), and the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4001 et seq.), $145,000,000, which is available as follows: (1) 
not to exceed $45,642,000 for salaries and expenses associated with 
flood mitigation and flood insurance operations; and (2) not to exceed 
$99,358,000 for flood hazard mitigation, which shall be derived from 
offsetting collections assessed and collected under section 1307 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), to 
remain available until September 30, 2009, including up to $34,000,000 
for flood mitigation expenses under section 1366 of that Act, which 
amount shall be available for transfer to the National Flood Mitigation 
Fund until September 30, 2009: Provided, That in fiscal year 2008, no 
funds shall be available from the National Flood Insurance Fund in 
excess of: (1) $70,000,000 for operating expenses; (2) $773,772,000 for 
commissions and taxes of agents; (3) such sums as are necessary for 
interest on Treasury borrowings; and (4) $90,000,000 for flood 
mitigation actions with respect to severe repetitive loss properties 
under section 1361A of that Act (42 U.S.C. 4102a) and repetitive 
insurance claims properties under section 1323 of that Act (42 U.S.C. 
4030), which shall remain available until expended: Provided further, 
That total administrative costs shall not exceed four percent of the 
total appropriation.

                     national flood mitigation fund

                     (including transfer of funds)

    Notwithstanding subparagraphs (B) and (C) of subsection (b)(3), and 
subsection (f), of section 1366 of the National Flood Insurance Act of 
1968, $34,000,000 (42 U.S.C. 4104c), to remain available until 
September 30, 2009, for activities designed to reduce the risk of flood 
damage to structures pursuant to such Act, of which $34,000,000 shall 
be derived from the National Flood Insurance Fund.

                 national pre-disaster mitigation fund

    For a pre-disaster mitigation grant program under title II of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5131 et seq.), $120,000,000, to remain available until expended: 
Provided, That grants made for pre-disaster mitigation shall be awarded 
on a competitive basis subject to the criteria in section 203(g) of 
such Act (42 U.S.C. 5133(g)): Provided further, That total 
administrative costs shall not exceed three percent of the total 
appropriation.

                       emergency food and shelter

    To carry out an emergency food and shelter program pursuant to 
title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11331 et seq.), $153,000,000, to remain available until expended: 
Provided, That total administrative costs shall not exceed 3.5 percent 
of the total appropriation.

                                TITLE IV

            RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

    For necessary expenses for citizenship and immigration services, 
$50,523,000: Provided, That of the total, $20,000,000 provided to 
address backlogs of security checks associated with pending 
applications and petitions shall not be available for obligation until 
the Secretary of Homeland Security and the United States Attorney 
General submit to the Committees on Appropriations of the Senate and 
the House of Representatives a plan to eliminate the backlog of 
security checks that establishes information sharing protocols to 
ensure United States Citizenship and Immigration Services has the 
information it needs to carry out its mission.

                Federal Law Enforcement Training Center

                         salaries and expenses

    For necessary expenses of the Federal Law Enforcement Training 
Center, including materials and support costs of Federal law 
enforcement basic training; purchase of not to exceed 117 vehicles for 
police-type use and hire of passenger motor vehicles; expenses for 
student athletic and related activities; the conduct of and 
participation in firearms matches and presentation of awards; public 
awareness and enhancement of community support of law enforcement 
training; room and board for student interns; a flat monthly 
reimbursement to employees authorized to use personal mobile phones for 
official duties; and services as authorized by section 3109 of title 5, 
United States Code; $221,076,000, of which up to $43,910,000 for 
materials and support costs of Federal law enforcement basic training 
shall remain available until September 30, 2009; of which $300,000 
shall remain available until expended for Federal law enforcement 
agencies participating in training accreditation, to be distributed as 
determined by the Federal Law Enforcement Training Center for the needs 
of participating agencies; and of which not to exceed $12,000 shall be 
for official reception and representation expenses: Provided, That the 
Center is authorized to obligate funds in anticipation of 
reimbursements from agencies receiving training sponsored by the 
Center, except that total obligations at the end of the fiscal year 
shall not exceed total budgetary resources available at the end of the 
fiscal year: Provided further, That section 1202(a) of Public Law 107-
206 (42 U.S.C. 3771 note) as amended by Public Law 109-295 (120 Stat. 
1374) is further amended by striking ``December 31, 2007'' and 
inserting ``December 31, 2011''.

     acquisitions, construction, improvements, and related expenses

    For acquisition of necessary additional real property and 
facilities, construction, and ongoing maintenance, facility 
improvements, and related expenses of the Federal Law Enforcement 
Training Center, $44,470,000, to remain available until expended: 
Provided, That the Center is authorized to accept reimbursement to this 
appropriation from government agencies requesting the construction of 
special use facilities.

                         Science and Technology

                     management and administration

    For salaries and expenses of the Office of the Under Secretary for 
Science and Technology and for management and administration of 
programs and activities, as authorized by title III of the Homeland 
Security Act of 2002 (6 U.S.C. 181 et seq.), $140,632,000: Provided, 
That not to exceed $3,000 shall be for official reception and 
representation expenses.

           research, development, acquisition, and operations

    For necessary expenses for science and technology research, 
including advanced research projects; development; test and evaluation; 
acquisition; and operations; as authorized by title III of the Homeland 
Security Act of 2002 (6 U.S.C. 181 et seq.); $697,364,000, to remain 
available until expended; and of which $103,814,000 shall be for 
necessary expenses of the field laboratories and assets of the Science 
and Technology Directorate.

                   Domestic Nuclear Detection Office

                     management and administration

    For salaries and expenses of the Domestic Nuclear Detection Office 
and for management and administration of programs and activities, 
$32,000,000: Provided, That not to exceed $3,000 shall be for official 
reception and representation expenses.

           research, development, acquisition, and operations

    For necessary expenses for radiological and nuclear research, 
development, testing, evaluation and operations, $336,000,000, to 
remain available until expended, of which $10,000,000 shall be 
available to support the implementation of the Securing the Cities 
initiative at the level requested in the President's budget.

                          systems acquisition

    For expenses for the Domestic Nuclear Detection Office acquisition 
and deployment of radiological detection systems in accordance with the 
global nuclear detection architecture, $182,000,000, to remain 
available until September 30, 2010, of which $30,000,000 shall be 
available to support the implementation of the Securing the Cities 
initiative at the level requested in the President's budget: Provided, 
That none of the funds appropriated under this heading shall be 
obligated for full-scale procurement of Advanced Spectroscopic Portal 
Monitors until the Secretary of Homeland Security has certified through 
a report to the Committees on Appropriations of the Senate and the 
House of Representatives that a significant increase in operational 
effectiveness will be achieved.

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 502. None of the funds available in this Act shall be 
available to carry out section 872 of Public Law 107-296.
    Sec. 503. (a) None of the funds provided by this Act, provided by 
previous appropriations Acts to the agencies in or transferred to the 
Department of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2008, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates a new program; (2) eliminates a program, project, or activity; 
(3) increases funds for any program, project, or activity for which 
funds have been denied or restricted by the Congress; (4) proposes to 
use funds directed for a specific activity by either of the Committees 
on Appropriations of the Senate or the House of Representatives for a 
different purpose; or (5) contracts out any function or activity for 
which funding levels were requested for Federal full-time equivalents 
in the object classification tables contained in the fiscal year 2008 
Budget Appendix for the Department of Homeland Security, as modified by 
the joint explanatory statement accompanying this Act; unless the 
Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such reprogramming 
of funds.
    (b) None of the funds provided by this Act, provided by previous 
appropriations Acts to the agencies in or transferred to the Department 
of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2008, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure for programs, projects, or activities through 
a reprogramming of funds in excess of $5,000,000 or 10 percent, 
whichever is less, that: (1) augments existing programs, projects, or 
activities; (2) reduces by 10 percent funding for any existing program, 
project, or activity, or numbers of personnel by 10 percent as approved 
by the Congress; or (3) results from any general savings from a 
reduction in personnel that would result in a change in existing 
programs, projects, or activities as approved by the Congress; unless 
the Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such reprogramming 
of funds.
    (c) Not to exceed 5 percent of any appropriation made available for 
the current fiscal year for the Department of Homeland Security by this 
Act or provided by previous appropriations Acts may be transferred 
between such appropriations, but no such appropriations, except as 
otherwise specifically provided, shall be increased by more than 10 
percent by such transfers: Provided, That any transfer under this 
section shall be treated as a reprogramming of funds under subsection 
(b) of this section and shall not be available for obligation unless 
the Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such transfer.
    (d) Notwithstanding subsections (a), (b), and (c) of this section, 
no funds shall be reprogrammed within or transferred between 
appropriations after June 30, except in extraordinary circumstances 
which imminently threaten the safety of human life or the protection of 
property.
    Sec. 504. None of the funds appropriated or otherwise made 
available to the Department of Homeland Security may be used to make 
payments to the ``Department of Homeland Security Working Capital 
Fund'', except for the activities and amounts allowed in the 
President's fiscal year 2008 budget, excluding sedan service, shuttle 
service, transit subsidy, mail operations, parking, and competitive 
sourcing: Provided, That any additional activities and amounts shall be 
approved by the Committees on Appropriations of the Senate and the 
House of Representatives 30 days in advance of obligation.
    Sec. 505. Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2008 from appropriations for salaries and expenses 
for fiscal year 2008 in this Act shall remain available through 
September 30, 2009, in the account and for the purposes for which the 
appropriations were provided: Provided, That prior to the obligation of 
such funds, a request shall be submitted to the Committees on 
Appropriations of the Senate and the House of Representatives for 
approval in accordance with section 503 of this Act.
    Sec. 506. Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2008 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2008.
    Sec. 507. The Federal Law Enforcement Training Accreditation Board 
shall lead the Federal law enforcement training accreditation process, 
to include representatives from the Federal law enforcement community 
and non-Federal accreditation experts involved in law enforcement 
training, to continue the implementation of measuring and assessing the 
quality and effectiveness of Federal law enforcement training programs, 
facilities, and instructors.
    Sec. 508. None of the funds in this Act may be used to make a grant 
allocation, discretionary grant award, discretionary contract award, or 
to issue a letter of intent totaling in excess of $1,000,000, or to 
announce publicly the intention to make such an award, unless the 
Secretary of Homeland Security notifies the Committees on 
Appropriations of the Senate and the House of Representatives at least 
three full business days in advance: Provided, That no notification 
shall involve funds that are not available for obligation: Provided 
further, That the notification shall include the amount of the award, 
the fiscal year in which the funds for the award were appropriated, and 
the account for which the funds are being drawn from: Provided further, 
That the Federal Emergency Management Agency shall brief the Committees 
on Appropriations of the Senate and the House of Representatives five 
full business days in advance of announcing publicly the intention of 
making an award of formula-based grants; law enforcement terrorism 
prevention grants; high-threat, high-density urban areas grants; or 
regional catastrophic preparedness grants.
    Sec. 509. Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without the advance 
approval of the Committees on Appropriations of the Senate and the 
House of Representatives, except that the Federal Law Enforcement 
Training Center is authorized to obtain the temporary use of additional 
facilities by lease, contract, or other agreement for training which 
cannot be accommodated in existing Center facilities.
    Sec. 510. The Director of the Federal Law Enforcement Training 
Center shall schedule basic and/or advanced law enforcement training at 
all four training facilities under the control of the Federal Law 
Enforcement Training Center to ensure that these training centers are 
operated at the highest capacity throughout the fiscal year.
    Sec. 511. None of the funds appropriated or otherwise made 
available by this Act may be used for expenses of any construction, 
repair, alteration, or acquisition project for which a prospectus, if 
required by the Public Buildings Act of 1959 (40 U.S.C. 3301), has not 
been approved, except that necessary funds may be expended for each 
project for required expenses for the development of a proposed 
prospectus.
    Sec. 512. None of the funds in this Act may be used in 
contravention of the applicable provisions of the Buy American Act (41 
U.S.C. 10a et seq.).
    Sec. 513. (a) None of the funds provided by this or previous 
appropriations Acts may be obligated for deployment or implementation, 
on other than a test basis, of the Secure Flight program or any other 
follow on or successor passenger prescreening program, until the 
Secretary of Homeland Security certifies, and the Government 
Accountability Office reports, to the Committees on Appropriations of 
the Senate and the House of Representatives, that all ten of the 
conditions contained in paragraphs (1) through (10) of section 522(a) 
of Public Law 108-334 (118 Stat. 1319) have been successfully met.
    (b) The report required by subsection (a) shall be submitted within 
90 days after the Secretary provides the requisite certification, and 
periodically thereafter, if necessary, until the Government 
Accountability Office confirms that all ten conditions have been 
successfully met.
    (c) Within 90 days of enactment of this Act, the Secretary shall 
submit to the Committees on Appropriations of the Senate and the House 
of Representatives a detailed plan that describes: (1) the dates for 
achieving key milestones, including the date or timeframes that the 
Secretary will certify the program under subsection (a); and (2) the 
methodology to be followed to support the Secretary's certification, as 
required under subsection (a).
    (d) During the testing phase permitted by subsection (a), no 
information gathered from passengers, foreign or domestic air carriers, 
or reservation systems may be used to screen aviation passengers, or 
delay or deny boarding to such passengers, except in instances where 
passenger names are matched to a Government watch list.
    (e) None of the funds provided in this or previous appropriations 
Acts may be utilized to develop or test algorithms assigning risk to 
passengers whose names are not on Government watch lists.
    (f) None of the funds provided in this or previous appropriations 
Acts may be utilized for data or a database that is obtained from or 
remains under the control of a non-Federal entity: Provided, That this 
restriction shall not apply to Passenger Name Record data obtained from 
air carriers.
    Sec. 514. None of the funds made available in this Act may be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 515. None of the funds appropriated by this Act may be used to 
process or approve a competition under Office of Management and Budget 
Circular A-76 for services provided as of June 1, 2004, by employees 
(including employees serving on a temporary or term basis) of United 
States Citizenship and Immigration Services of the Department of 
Homeland Security who are known as of that date as Immigration 
Information Officers, Contact Representatives, or Investigative 
Assistants.
    Sec. 516. (a) None of the funds appropriated to the United States 
Secret Service by this Act or by previous appropriations Acts may be 
made available for the protection of the head of a Federal agency other 
than the Secretary of Homeland Security: Provided, That the Director of 
the United States Secret Service may enter into an agreement to perform 
such service on a fully reimbursable basis.
    (b) None of the funds appropriated by this or any other Act to the 
United States Secret Service shall be made available for the protection 
of a Federal official, other than persons granted protection under 
section 3056(a) of title 18, United States Code, and the Secretary of 
Homeland Security: Provided, That the Director of the United States 
Secret Service may enter into an agreement to perform such protection 
on a fully reimbursable basis for protectees not designated under 
section 3056(a) of title 18, United States Code.
    Sec. 517. (a) The Secretary of Homeland Security is directed to 
research, develop, and procure new technologies to inspect and screen 
air cargo carried on passenger aircraft at the earliest date possible.
    (b) Existing checked baggage explosive detection equipment and 
screeners shall be utilized to screen air cargo carried on passenger 
aircraft to the greatest extent practicable at each airport until 
technologies developed under subsection (a) are available.
    (c) The Transportation Security Administration shall report air 
cargo inspection statistics quarterly to the Committees on 
Appropriations of the Senate and the House of Representatives, by 
airport and air carrier, within 45 days after the end of the quarter 
including any reason for non-compliance with the second proviso of 
section 513 of the Department of Homeland Security Appropriations Act, 
2005 (Public Law 108-334, 118 Stat. 1317).
    Sec. 518. None of the funds made available in this Act may be used 
by any person other than the Privacy Officer appointed under section 
222 of the Homeland Security Act of 2002 (6 U.S.C. 142) to alter, 
direct that changes be made to, delay, or prohibit the transmission to 
Congress of any report prepared under paragraph (6) of such section.
    Sec. 519. No funding provided by this or previous appropriation 
Acts shall be available to pay the salary of any employee serving as a 
contracting officer's technical representative (COTR), or anyone acting 
in a similar or like capacity, who has not received COTR training.
    Sec. 520. Except as provided in section 44945 of title 49, United 
States Code, funds appropriated or transferred to Transportation 
Security Administration ``Aviation Security'', ``Administration'' and 
``Transportation Security Support'' in fiscal years 2004, 2005, 2006, 
and 2007 that are recovered or deobligated shall be available only for 
procurement and installation of explosive detection systems for air 
cargo, baggage, and checkpoint screening systems, subject to 
notification.
    Sec. 521. Section 525(d) of the Department of Homeland Security 
Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1382) shall 
apply to fiscal year 2008.

                         (rescission of funds)

    Sec. 522. From the unobligated balances of funds transferred to the 
Department of Homeland Security when it was created in 2003, excluding 
mandatory appropriations, $45,000,000 is rescinded, of which 
$12,000,000 shall be rescinded from Departmental Operations; 
$12,000,000 shall be rescinded from the Office of State and Local 
Government Coordination; and $6,000,000 shall be rescinded from the 
Working Capital Fund.
    Sec. 523. Any funds appropriated to United States Coast Guard, 
``Acquisition, Construction, and Improvements'' in fiscal years 2002, 
2003, 2004, 2005, and 2006 for the 110-123 foot patrol boat conversion 
that are recovered, collected, or otherwise received as the result of 
negotiation, mediation, or litigation, shall be available until 
expended for the Replacement Patrol Boat (FRC-B) program.
    Sec. 524. The Department of Homeland Security Working Capital Fund, 
established, pursuant to  section 403 of Public Law 103-356 (31 U.S.C. 
501 note), shall continue operations during fiscal year 2008.
    Sec. 525. (a) The Federal Emergency Management Agency (FEMA) shall 
submit a quarterly report to the Committees on Appropriations of the 
Senate and the House of Representatives detailing the allocation and 
obligation of funds for ``Disaster Relief'' to include:
            (1) status of the Disaster Relief Fund (DRF) including 
        obligations, allocations, and amounts undistributed/
        unallocated;
            (2) allocations, obligations, and expenditures for all open 
        disasters;
            (3) information on national flood insurance claims;
            (4) obligations, allocations and expenditures by State for 
        unemployment, crisis counseling, inspections, housing 
        assistance, manufactured housing, public assistance and 
        individual assistance;
            (5) mission assignment obligations by agency, including:
                    (A) the amounts reimbursed to other agencies that 
                are in suspense because FEMA has not yet reviewed and 
                approved the documentation supporting the expenditure; 
                and
                    (B) a disclaimer if the amounts of reported 
                obligations and expenditures do not reflect the status 
                of such obligations and expenditures from a government-
                wide perspective;
            (6) the amount of credit card purchases by agency and 
        mission assignment;
            (7) specific reasons for all waivers granted and a 
        description of each waiver;
            (8) a list of all contracts that were awarded on a sole 
        source or limited competition basis, including the dollar 
        amount, the purpose of the contract and the reason for the lack 
        of competitive award; and
            (9) an estimate of when available appropriations will be 
        exhausted, assuming an average disaster season.
    (b) The Secretary of Homeland Security shall at least quarterly 
obtain from agencies performing mission assignments each such agency's 
actual obligation and expenditure data and report to the Committees on 
Appropriations of the Senate and the House of Representatives.
    (c) For any request for reimbursement from a Federal agency to the 
Department of Homeland Security to cover expenditures under the 
Stafford Act (42 U.S.C. 5121 et seq.), or any mission assignment orders 
issued by the Department of Homeland Security for such purposes, the 
Secretary of Homeland Security shall take appropriate steps to ensure 
that each agency is periodically reminded of Department of Homeland 
Security policies on--
            (1) the detailed information required in supporting 
        documentation for reimbursements, and
            (2) the necessity for timeliness of agency billings.
    (d) Notwithstanding section 404 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170c), projects 
relating to Hurricanes Katrina and Rita for which the non-Federal share 
of assistance under that section is funded by amounts appropriated to 
the Community Development Fund under chapter 9 of title I of division B 
of the Department of Defense, Emergency Supplemental Appropriations to 
Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 
2006 (Public Law 109-148; 119 Stat. 2779) or chapter 9 of title II of 
the Emergency Supplemental Appropriations Act for Defense, the Global 
War on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120 
Stat. 472) shall not be subject to any precertification requirements.
    Sec. 526. Within 45 days after the close of each month, the Chief 
Financial Officer of the Department of Homeland Security shall submit 
to the Committees on Appropriations of the Senate and the House of 
Representatives a monthly budget and staffing report that includes 
total obligations, on-board versus funded full-time equivalent staffing 
levels, and the number of contract employees by office.
    Sec. 527. Section 532(a) of Public Law 109-295 is amended by 
striking ``2007'' and inserting ``2008''.
    Sec. 528. The Federal Law Enforcement Training Center instructor 
staff shall be classified as inherently governmental for the purpose of 
the Federal Activities Inventory Reform Act of 1998 (31 U.S.C. 501 
note).
    Sec. 529. None of the funds provided in this Act may be used to 
alter or reduce operations within the Civil Engineering Program of the 
Coast Guard nationwide, including the civil engineering units, 
facilities, design, and construction centers, maintenance and logistics 
command centers, and the Coast Guard Academy, except as specifically 
authorized by a statute enacted after the date of enactment of this 
Act.
    Sec. 530. Extension of the Implementation Deadline for the Western 
Hemisphere Travel Initiative. Subparagraph (A) of section 7209(b)(1) of 
the Intelligence Reform and Terrorism Prevention Act of 2004 (Public 
Law 108-458; 8 U.S.C. 1185 note) is amended by striking ``This plan 
shall be implemented not later than three months after the Secretary of 
State and the Secretary of Homeland Security make the certifications 
required in subsection (B), or June 1, 2009, whichever is earlier.'' 
and inserting ``Such plan may not be implemented earlier than the date 
that is the later of 3 months after the Secretary of State and the 
Secretary of Homeland Security make the certification required in 
subparagraph (B) or June 1, 2009.''.
    Sec. 531. Section 550 of the Department of Homeland Security 
Appropriations Act, 2007 (6 U.S.C. 121 note) is amended by adding at 
the end the following:
    ``(h) This section shall not preclude or deny any right of any 
State or political subdivision thereof to adopt or enforce any 
regulation, requirement, or standard of performance with respect to 
chemical facility security that is more stringent than a regulation, 
requirement, or standard of performance issued under this section, or 
otherwise impair any right or jurisdiction of any State with respect to 
chemical facilities within that State, unless there is an actual 
conflict between this section and the law of that State.''.
    Sec. 532. None of the funds provided in this Act under the heading 
``Office of the Chief Information Officer'' shall be used for data 
center development other than for the National Center for Critical 
Information Processing and Storage until the Chief Information Officer 
certifies that the National Center for Critical Information Processing 
and Storage is fully utilized as the Department's primary data storage 
center at the highest capacity throughout the fiscal year.
    Sec. 533. None of the funds in this Act shall be used to reduce the 
United States Coast Guard's Operations Systems Center mission or its 
government-employed or contract staff levels.
    Sec. 534. (a) Notwithstanding section 503 of this Act, up to 
$25,000,000 from prior year balances currently available to the 
Transportation Security Administration may be transferred to 
``Transportation Threat Assessment and Credentialing'' for the Secure 
Flight program.
    (b) In carrying out the transfer authority under subsection (a), 
the Transportation Security Administration shall not utilize any prior 
year balances from the following programs: screener partnership 
program; explosive detection system purchase; explosive detection 
system installation; checkpoint support; aviation regulation and other 
enforcement; air cargo; and air cargo research and development: 
Provided, That any funds proposed to be transferred under this section 
shall not be available for obligation until the Committees on 
Appropriations of the Senate and the House of Representatives receive 
and approve a plan for expenditure for such funds that is submitted by 
the Secretary of Homeland Security: Provided further, That the plan 
shall be submitted simultaneously to the Government Accountability 
Office for review consistent with its ongoing assessment of the Secure 
Flight Program as mandated by section 522(a) of Public Law 108-334 (118 
Stat. 1319).
    Sec. 535. Disaster Assistance for Schools. (a) Definitions.--In 
this section--
            (1) the term ``Administrator'' means the Administrator of 
        the Federal Emergency Management Agency;
            (2) the term ``covered assistance'' means assistance--
                    (A) provided under section 406 of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5172);
                    (B) to be used to--
                            (i) repair, restore, reconstruct, or 
                        replace school facilities; or
                            (ii) replace lost contents of a school; and
                    (C) for damage caused by Hurricane Katrina of 2005 
                or Hurricane Rita of 2005; and
            (3) the term ``local educational agency'' has the meaning 
        given that term in section 9101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801).
    (b) Assistance to Schools.--
            (1) In general.--A local educational agency that has 
        applied for covered assistance before the date of enactment of 
        this Act may request that such assistance (including any 
        eligible costs discovered after the date of the estimate of 
        eligible costs under section 406(e)(1)(A) of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5172(e)(1)(A)) and any cost that was determined to be an 
        eligible cost after an appeal or review) be provided in a 
        single payment.
            (2) Disbursement of assistance.--Not later than 30 days 
        after the date that a local educational agency makes a request 
        under paragraph (1), the Administrator shall provide in a 
        single payment any covered assistance for any eligible cost 
        that was approved by the Administrator on or before the date of 
        that request.
            (3) Flood insurance reduction.--For any covered assistance 
        provided under paragraph (2), the Administrator shall make not 
        more than 1 reduction under section 406(d) of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5172(d)) in the amount of assistance provided.
    (c) Alternate Use.--For any covered assistance provided under 
subsection (b)(2), the amount of that assistance shall not be reduced 
under section 406(c)(1) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5172(c)(1)).
    (d) Applicability.--This section shall apply to any covered 
assistance provided on or after the date of enactment of this Act.
    Sec. 536. Technical Corrections. (a) In General.--
            (1) Redesignations.--Chapter 27 of title 18, United States 
        Code, is amended by redesignating section 554 added by section 
        551(a) of the Department of Homeland Security Appropriations 
        Act, 2007 (Public Law 109-295; 120 Stat. 1389) (relating to 
        border tunnels and passages) as section 555.
            (2) Table of sections.--The table of sections for chapter 
        27 of title 18, United States Code, is amended by striking the 
        item relating to section 554, ``Border tunnels and passages'', 
        and inserting the following:

``555. Border tunnels and passages.''.
    (b) Criminal Forfeiture.--Section 982(a)(6) of title 18, United 
States Code, is amended by striking ``554'' and inserting ``555''.
    (c) Directive to the United States Sentencing Commission.--Section 
551(d) of the Department of Homeland Security Appropriations Act, 2007 
(Public Law 109-295; 120 Stat. 1390) is amended in paragraphs (1) and 
(2)(A) by striking ``554'' and inserting ``555''.
    Sec. 537. Sexual Abuse. Sections 2241, 2242, 2243, and 2244 of 
title 18, United States Code, are each amended by striking ``the 
Attorney General'' each place that term appears and inserting ``the 
head of any Federal department or agency''.
    Sec. 538. Plan for the Control and Management of Arundo Donax. (a) 
Definitions.--In this section:
            (1) Arundo donax.--The term ``Arundo donax'' means a tall 
        perennial reed commonly known as ``Carrizo cane'', ``Spanish 
        cane'', ``wild cane'', and ``giant cane''.
            (2) Plan.--The term ``plan'' means the plan for the control 
        and management of Arundo donax developed under subsection (b).
            (3) River.--The term ``River'' means the Rio Grande River.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
    (b) Development of Plan.--
            (1) In general.--The Secretary shall develop a plan for the 
        control and management of Arundo donax along the portion of the 
        River that serves as the international border between the 
        United States and Mexico.
            (2) Components.--In developing the plan, the Secretary 
        shall address--
                    (A) information derived by the Secretary of 
                Agriculture and the Secretary of the Interior from 
                ongoing efforts to identify the most effective 
                biological, mechanical, and chemical means of 
                controlling and managing Arundo donax;
                    (B) past and current efforts to understand--
                            (i) the ecological damages caused by Arundo 
                        donax; and
                            (ii) the dangers Arundo donax poses to 
                        Federal and local law enforcement;
                    (C) any international agreements and treaties that 
                need to be completed to allow for the control and 
                management of Arundo donax on both sides of the River;
                    (D) the long-term efforts that the Secretary 
                considers to be necessary to control and manage Arundo 
                donax, including the cost estimates for the 
                implementation of the efforts; and
                    (E) whether a waiver of applicable Federal 
                environmental laws (including regulations) is 
                necessary.
            (3) Consultation.--The Secretary shall develop the plan in 
        consultation with the Secretary of Agriculture, the Secretary 
        of the Interior, the Secretary of State, the Chief of 
        Engineers, and any other Federal and State agencies that have 
        appropriate expertise regarding the control and management of 
        Arundo donax.
    (c) Report.--Not later than 90 days after the date of enactment of 
this Act, the Secretary shall submit the plan to--
            (1) the Committees on the Judiciary of the Senate and the 
        House of Representatives; and
            (2) the Committees on Appropriations of the Senate and the 
        House of Representatives.
    Sec. 539. Reporting of Waste, Fraud, and Abuse. Not later than 30 
days after the date of enactment of this Act--
            (1) the Secretary of Homeland Security shall establish and 
        maintain on the homepage of the website of the Department of 
        Homeland Security, a direct link to the website of the Office 
        of Inspector General of the Department of Homeland Security; 
        and
            (2) the Inspector General of the Department of Homeland 
        Security shall establish and maintain on the homepage of the 
        website of the Office of Inspector General a direct link for 
        individuals to anonymously report waste, fraud, or abuse.
    Sec. 540. The Secretary of Homeland Security shall require that all 
contracts of the Department of Homeland Security that provide award 
fees link such fees to successful acquisition outcomes (which outcomes 
shall be specified in terms of cost, schedule, and performance).
    Sec. 541. None of the funds made available to the Office of the 
Secretary and Executive Management under this Act may be expended for 
any new hires by the Department of Homeland Security that are not 
verified through the basic pilot program required under section 401 of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1324a note).
    Sec. 542. None of the funds made available in this Act for U.S. 
Customs and Border Protection or any agency or office within the 
Department of Homeland Security may be used to prevent an individual 
from importing a prescription drug from Canada if--
            (1) such individual is not in the business of importing a 
        prescription drug (within the meaning of section 801(g) of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(g))); and
            (2) such drug--
                    (A) complies with sections 501, 502, and 505 of the 
                Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351, 
                352, and 355); and
                    (B) is not--
                            (i) a controlled substance, as defined in 
                        section 102 of the Controlled Substances Act 
                        (21 U.S.C. 802); or
                            (ii) a biological product, as defined in 
                        section 351 of the Public Health Service Act 
                        (42 U.S.C. 262).
    Sec. 543. Prohibition on Use of Funds for Rulemaking Related to 
Petitions for Aliens. None of the funds made available in this Act may 
be used by the Secretary of Homeland Security or any delegate of the 
Secretary to issue any rule or regulation which implements the Notice 
of Proposed Rulemaking related to Petitions for Aliens To Perform 
Temporary Nonagricultural Services or Labor (H-2B) set out beginning on 
70 Federal Register 3984 (January 27, 2005).
    Sec. 544. None of the funds appropriated or otherwise made 
available by this Act may be obligated or expended by the Secretary of 
Homeland Security to remove offenses from the list of criminal offenses 
disqualifying individuals from receiving a Transportation Worker 
Identification Credential under section 1572.103 of title 49, Code of 
Federal Regulations.
    Sec. 545. (a)(1)(A) None of the funds appropriated or otherwise 
made available by this Act may be used to make any payment in 
connection with a contract awarded through a congressional initiative 
unless the contract is awarded using competitive procedures in 
accordance with the requirements of section 303 of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 253), section 2304 
of title 10, United States Code, and the Federal Acquisition 
Regulation.
    (B) Except as provided in paragraph (3), none of the funds 
appropriated or otherwise made available by this Act may be used to 
make any payment in connection with a contract awarded through a 
congressional initiative unless more than one bid is received for such 
contract.
    (2) Notwithstanding any other provision of this Act, none of the 
funds appropriated or otherwise made available by this Act may be 
awarded by grant or cooperative agreement through a congressional 
initiative unless the process used to award such grant or cooperative 
agreement uses competitive procedures to select the grantee or award 
recipient. Except as provided in paragraph (3), no such grant may be 
awarded unless applications for such grant or cooperative agreement are 
received from two or more applicants that are not from the same 
organization and do not share any financial, fiduciary, or other 
organizational relationship.
    (3)(A) If the Secretary of Homeland Security does not receive more 
than one bid for a contract under paragraph (1)(B) or does not receive 
more than one application from unaffiliated applicants for a grant or 
cooperative agreement under paragraph (2), the Secretary may waive such 
bid or application requirement if the Secretary determines that the 
contract, grant, or cooperative agreement is essential to the mission 
of the Department of Homeland Security.
    (b)(1) Not later than December 31, 2008, the Secretary of Homeland 
Security shall submit to Congress a report on congressional initiatives 
for which amounts were appropriated during fiscal year 2008.
    (2) The report submitted under paragraph (1) shall include with 
respect to each contract and grant awarded through a congressional 
initiative--
            (A) the name of the recipient of the funds awarded through 
        such contract or grant;
            (B) the reason or reasons such recipient was selected for 
        such contract or grant; and
            (C) the number of entities that competed for such contract 
        or grant.
    (3) The report submitted under paragraph (1) shall be made publicly 
available through the Internet website of the Department of Homeland 
Security.
    (c) In this section:
            (1) The term ``congressional initiative'' means a provision 
        of law or a directive contained within a committee report or 
        joint statement of managers of an appropriations Act that 
        specifies--
                    (A) the identity of a person or entity selected to 
                carry out a project, including a defense system, for 
                which funds are appropriated or otherwise made 
                available by that provision of law or directive and 
                that was not requested by the President in a budget 
                submitted to Congress; and
                    (B) the amount of the funds appropriated or 
                otherwise made available for such project.
            (2) The term ``executive agency'' has the meaning given 
        such term in section 4 of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 403).
    Sec. 546. Border Security Requirements for Land and Maritime 
Borders of the United States. (a) Operational Control of the United 
States Borders.--The President shall ensure that operational control of 
all international land and maritime borders is achieved.
    (b) Achieving Operational Control.--The Secretary of Homeland 
Security shall establish and demonstrate operational control of 100 
percent of the international land and maritime borders of the United 
States, including the ability to monitor such borders through available 
methods and technology.
            (1) Staff Enhancements for Border Patrol.--The United 
        States Customs and Border Protection Border Patrol may hire, 
        train, and report for duty additional full-time agents. These 
        additional agents shall be deployed along all international 
        borders.
            (2) Strong Border Barriers.--The United States Customs and 
        Border Protection Border Patrol may:
                    (A) Install along all international borders of the 
                United States vehicle barriers;
                    (B) Install along all international borders of the 
                United States ground-based radar and cameras; and
                    (C) Deploy for use along all international borders 
                of the United States unmanned aerial vehicles, and the 
                supporting systems for such vehicles;
    (c) Presidential Progress Report.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, and every 90 days thereafter, the 
        President shall submit a report to Congress detailing the 
        progress made in funding, meeting or otherwise satisfying each 
        of the requirements described under paragraphs (1) and (2).
            (2) Progress Not Sufficient.--If the President determines 
        that sufficient progress is not being made, the President shall 
        include in the report required under paragraph (1) specific 
        funding recommendations, authorization needed, or other actions 
        that are or should be undertaken by the Secretary of Homeland 
        Security.
    (d) Appropriations for Securing Land and Maritime Borders of the 
United States.--Any funds appropriated under division B of this Act 
shall be used to ensure operational control is achieved for all 
international land and maritime borders of the United States.
    Sec. 547. Improvements to the Employment Eligibility Verification 
Basic Pilot Program. Of the amounts appropriated for border security 
and employment verification improvements under section 1003 of Division 
B, $60,000,000 shall be made available to--
            (1) ensure that State and local programs have sufficient 
        access to, and are sufficiently coordinated with, the Federal 
        Government's Employment Eligibility Verification System;
            (2) ensure that such system has sufficient capacity to 
        timely and accurately--
                    (A) register employers in States with employer 
                verification requirements;
                    (B) respond to inquiries by employers; and
                    (C) enter into memoranda of understanding with 
                States to ensure responses to subparagraphs (A) and 
                (B); and
            (3) develop policies and procedures to ensure protection of 
        the privacy and security of personally identifiable information 
        and identifiers contained in the basic pilot program, including 
        appropriate privacy and security training for State employees;
            (4) ensure that the Office for Civil Rights and Civil 
        Liberties of the Department of Justice has sufficient capacity 
        to conduct audits of the Federal Government's Employment 
        Eligibility Verification System to assess employer compliance 
        with System requirements, including the applicable Memorandum 
        of Understanding;
            (5) these amounts are designated as an emergency 
        requirement pursuant to section 204 of S. Con. Res. 21 (110th 
        Congress).
    Sec. 548. In-lieu Contribution. The Administrator of the Federal 
Emergency Management Agency shall authorize a large in-lieu 
contribution under section 406(c)(1) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5172(c)(1)) to the 
Peebles School in Iberia Parish, Louisiana for damages relating to 
Hurricane Katrina of 2005 or Hurricane Rita of 2005, notwithstanding 
section 406(c)(1)(C) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5172(c)(1)(C)).
    Sec. 549. National Strategy on Closed Circuit Television Systems. 
(a) In General.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary of Homeland Security shall--
            (1) develop a national strategy for the effective and 
        appropriate use of closed circuit television to prevent and 
        respond to acts of terrorism, which shall include--
                    (A) an assessment of how closed circuit television 
                and other public surveillance systems can be used most 
                effectively as part of an overall terrorism 
                preparedness, prevention, and response program, and its 
                appropriate role in such a program;
                    (B) a comprehensive examination of the advantages 
                and limitations of closed circuit television and, as 
                appropriate, other public surveillance technologies;
                    (C) best practices on camera use and data storage;
                    (D) plans for coordination between the Federal 
                Government and State and local governments, and the 
                private sector--
                            (i) in the development and use of closed 
                        circuit television systems; and
                            (ii) for Federal assistance and support for 
                        State and local utilization of such systems;
                    (E) plans for pilot programs or other means of 
                determining the real-world efficacy and limitations of 
                closed circuit televisions systems;
                    (F) an assessment of privacy and civil liberties 
                concerns raised by use of closed circuit television and 
                other public surveillance systems, and guidelines to 
                address such concerns; and
                    (G) an assessment of whether and how closed circuit 
                television systems and other public surveillance 
                systems are effectively utilized by other democratic 
                countries in combating terrorism; and
            (2) provide to the Committees on Homeland Security and 
        Governmental Affairs, Appropriations, and the Judiciary of the 
        Senate and the Committees on Homeland Security, Appropriations, 
        and the Judiciary of the House of Representatives a report that 
        includes--
                    (A) the strategy required under paragraph (1);
                    (B) the status and findings of any pilot program 
                involving closed circuit televisions or other public 
                surveillance systems conducted by, in coordination 
                with, or with the assistance of the Department of 
                Homeland Security up to the time of the report; and
                    (C) the annual amount of funds used by the 
                Department of Homeland Security, either directly by the 
                Department or through grants to State, local, or tribal 
                governments, to support closed circuit television and 
                the public surveillance systems of the Department, 
                since fiscal year 2004.
    (b) Consultation.--In preparing the strategy and report required 
under subsection (a), the Secretary of Homeland Security shall consult 
with the Attorney General, the Chief Privacy Officer of the Department 
of Homeland Security, and the Officer for Civil Rights and Civil 
Liberties of the Department of Homeland Security.
    Sec. 550. Secure Handling of Ammonium Nitrate.--(a) In General.--
Title VIII of the Homeland Security Act of 2002 (6 U.S.C. 361 et seq.) 
is amended by adding at the end the following:

           ``Subtitle J--Secure Handling of Ammonium Nitrate

``SEC. 899A. DEFINITIONS.

    ``In this subtitle:
            ``(1) Ammonium nitrate.--The term `ammonium nitrate' 
        means--
                    ``(A) solid ammonium nitrate that is chiefly the 
                ammonium salt of nitric acid and contains not less than 
                33 percent nitrogen by weight; and
                    ``(B) any mixture containing a percentage of 
                ammonium nitrate that is equal to or greater than the 
                percentage determined by the Secretary under section 
                899B(b).
            ``(2) Ammonium nitrate facility.--The term `ammonium 
        nitrate facility' means any entity that produces, sells or 
        otherwise transfers ownership of, or provides application 
        services for ammonium nitrate.
            ``(3) Ammonium nitrate purchaser.--The term `ammonium 
        nitrate purchaser' means any person who buys and takes 
        possession of ammonium nitrate from an ammonium nitrate 
        facility.

``SEC. 899B. REGULATION OF THE SALE AND TRANSFER OF AMMONIUM NITRATE.

    ``(a) In General.--The Secretary shall regulate the sale and 
transfer of ammonium nitrate by an ammonium nitrate facility in 
accordance with this subtitle to prevent the misappropriation or use of 
ammonium nitrate in an act of terrorism.
    ``(b) Ammonium Nitrate Mixtures.--Not later than 90 days after the 
date of the enactment of this subtitle, the Secretary, in consultation 
with the heads of appropriate Federal departments and agencies 
(including the Secretary of Agriculture), shall, after notice and an 
opportunity for comment, establish a threshold percentage for ammonium 
nitrate in a substance.
    ``(c) Registration of Owners of Ammonium Nitrate Facilities.--
            ``(1) Registration.--The Secretary shall establish a 
        process by which any person that--
                    ``(A) owns an ammonium nitrate facility is required 
                to register with the Department; and
                    ``(B) registers under subparagraph (A) is issued a 
                registration number for purposes of this subtitle.
            ``(2)  Registration information.--Any person applying to 
        register under paragraph (1) shall submit to the Secretary--
                    ``(A) the name, address, and telephone number of 
                each ammonium nitrate facility owned by that person;
                    ``(B) the name of the person designated by that 
                person as the point of contact for each such facility, 
                for purposes of this subtitle; and
                    ``(C) such other information as the Secretary may 
                determine is appropriate.
    ``(d) Registration of Ammonium Nitrate Purchasers.--
            ``(1) Registration.--The Secretary shall establish a 
        process by which any person that--
                    ``(A) intends to be an ammonium nitrate purchaser 
                is required to register with the Department; and
                    ``(B) registers under subparagraph (A) is issued a 
                registration number for purposes of this subtitle.
            ``(2)  Registration information.--Any person applying to 
        register under paragraph (1) as an ammonium nitrate purchaser 
        shall submit to the Secretary--
                    ``(A) the name, address, and telephone number of 
                the applicant; and
                    ``(B) the intended use of ammonium nitrate to be 
                purchased by the applicant.
    ``(e) Records.--
            ``(1) Maintenance of records.--The owner of an ammonium 
        nitrate facility shall--
                    ``(A) maintain a record of each sale or transfer of 
                ammonium nitrate, during the two-year period beginning 
                on the date of that sale or transfer; and
                    ``(B) include in such record the information 
                described in paragraph (2).
            ``(2) Specific information required.--For each sale or 
        transfer of ammonium nitrate, the owner of an ammonium nitrate 
        facility shall--
                    ``(A) record the name, address, telephone number, 
                and registration number issued under subsection (c) or 
                (d) of each person that takes possession of ammonium 
                nitrate, in a manner prescribed by the Secretary;
                    ``(B) if applicable, record the name, address, and 
                telephone number of each individual who takes 
                possession of the ammonium nitrate on behalf of the 
                person described in subparagraph (A), at the point of 
                sale;
                    ``(C) record the date and quantity of ammonium 
                nitrate sold or transferred; and
                    ``(D) verify the identity of the persons described 
                in subparagraphs (A) and (B), as applicable, in 
                accordance with a procedure established by the 
                Secretary.
            ``(3) Protection of information.--In maintaining records in 
        accordance with paragraph (1), the owner of an ammonium nitrate 
        facility shall take reasonable actions to ensure the protection 
        of the information included in such records.
    ``(f) Exemption for Explosive Purposes.--The Secretary may exempt 
from this subtitle a person producing, selling, or purchasing ammonium 
nitrate exclusively for use in the production of an explosive under a 
license issued under chapter 40 of title 18, United States Code.
    ``(g) Consultation.--In carrying out this section, the Secretary 
shall consult with the Secretary of Agriculture, States, and 
appropriate private sector entities, to ensure that the access of 
agricultural producers to ammonium nitrate is not unduly burdened.
    ``(h) Data Confidentiality.--
            ``(1) In general.--Notwithstanding section 552 of title 5, 
        United States Code, or the USA PATRIOT ACT (Public Law 107-56; 
        115 Stat. 272), and except as provided in paragraph (2), the 
        Secretary may not disclose to any person any information 
        obtained under this subtitle.
            ``(2) Exception.--The Secretary may disclose any 
        information obtained by the Secretary under this subtitle to--
                    ``(A) an officer or employee of the United States, 
                or a person that has entered into a contract with the 
                United States, who has a need to know the information 
                to perform the duties of the officer, employee, or 
                person; or
                    ``(B) to a State agency under section 899D, under 
                appropriate arrangements to ensure the protection of 
                the information.
    ``(i) Registration Procedures and Check of Terrorist Screening 
Database.--
            ``(1) Registration procedures.--
                    ``(A) Generally.--The Secretary shall establish 
                procedures to efficiently receive applications for 
                registration numbers under this subtitle, conduct the 
                checks required under paragraph (2), and promptly issue 
                or deny a registration number.
                    ``(B) Initial six-month registration period.--The 
                Secretary shall take steps to maximize the number of 
                registration applications that are submitted and 
                processed during the six-month period described in 
                section 899F(e).
            ``(2) Check of terrorist screening database.--
                    ``(A) Check required.--The Secretary shall conduct 
                a check of appropriate identifying information of any 
                person seeking to register with the Department under 
                subsection (c) or (d) against identifying information 
                that appears in the terrorist screening database of the 
                Department.
                    ``(B) Authority to deny registration number.--If 
                the identifying information of a person seeking to 
                register with the Department under subsection (c) or 
                (d) appears in the terrorist screening database of the 
                Department, the Secretary may deny issuance of a 
                registration number under this subtitle.
            ``(3) Expedited review of applications.--
                    ``(A) In general.--Following the six-month period 
                described in section 899F(e), the Secretary shall, to 
                the extent practicable, issue or deny registration 
                numbers under this subtitle not later than 72 hours 
                after the time the Secretary receives a complete 
                registration application, unless the Secretary 
                determines, in the interest of national security, that 
                additional time is necessary to review an application.
                    ``(B) Notice of application status.--In all cases, 
                the Secretary shall notify a person seeking to register 
                with the Department under subsection (c) or (d) of the 
                status of the application of that person not later than 
                72 hours after the time the Secretary receives a 
                complete registration application.
            ``(4) Expedited appeals process.--
                    ``(A) Requirement.--
                            ``(i) Appeals process.--The Secretary shall 
                        establish an expedited appeals process for 
                        persons denied a registration number under this 
                        subtitle.
                            ``(ii) Time period for resolution.--The 
                        Secretary shall, to the extent practicable, 
                        resolve appeals not later than 72 hours after 
                        receiving a complete request for appeal unless 
                        the Secretary determines, in the interest of 
                        national security, that additional time is 
                        necessary to resolve an appeal.
                    ``(B) Consultation.--The Secretary, in developing 
                the appeals process under subparagraph (A), shall 
                consult with appropriate stakeholders.
                    ``(C) Guidance.--The Secretary shall provide 
                guidance regarding the procedures and information 
                required for an appeal under subparagraph (A) to any 
                person denied a registration number under this 
                subtitle.
            ``(5) Restrictions on use and maintenance of information.--
                    ``(A) In general.--Any information constituting 
                grounds for denial of a registration number under this 
                section shall be maintained confidentially by the 
                Secretary and may be used only for making 
                determinations under this section.
                    ``(B) Sharing of information.--Notwithstanding any 
                other provision of this subtitle, the Secretary may 
                share any such information with Federal, State, local, 
                and tribal law enforcement agencies, as appropriate.
            ``(6) Registration information.--
                    ``(A) Authority to require information.--The 
                Secretary may require a person applying for a 
                registration number under this subtitle to submit such 
                information as may be necessary to carry out the 
                requirements of this section.
                    ``(B) Requirement to update information.--The 
                Secretary may require persons issued a registration 
                under this subtitle to update registration information 
                submitted to the Secretary under this subtitle, as 
                appropriate.
            ``(7) Re-checks against terrorist screening database.--
                    ``(A) Re-checks.--The Secretary shall, as 
                appropriate, recheck persons provided a registration 
                number pursuant to this subtitle against the terrorist 
                screening database of the Department, and may revoke 
                such registration number if the Secretary determines 
                such person may pose a threat to national security.
                    ``(B) Notice of revocation.--The Secretary shall, 
                as appropriate, provide prior notice to a person whose 
                registration number is revoked under this section and 
                such person shall have an opportunity to appeal, as 
                provided in paragraph (4).

``SEC. 899C. INSPECTION AND AUDITING OF RECORDS.

    ``The Secretary shall establish a process for the periodic 
inspection and auditing of the records maintained by owners of ammonium 
nitrate facilities for the purpose of monitoring compliance with this 
subtitle or for the purpose of deterring or preventing the 
misappropriation or use of ammonium nitrate in an act of terrorism.

``SEC. 899D. ADMINISTRATIVE PROVISIONS.

    ``(a) Cooperative Agreements.--The Secretary--
            ``(1) may enter into a cooperative agreement with the 
        Secretary of Agriculture, or the head of any State department 
        of agriculture or its designee involved in agricultural 
        regulation, in consultation with the State agency responsible 
        for homeland security, to carry out the provisions of this 
        subtitle; and
            ``(2) wherever possible, shall seek to cooperate with State 
        agencies or their designees that oversee ammonium nitrate 
        facility operations when seeking cooperative agreements to 
        implement the registration and enforcement provisions of this 
        subtitle.
    ``(b) Delegation.--
            ``(1) Authority.--The Secretary may delegate to a State the 
        authority to assist the Secretary in the administration and 
        enforcement of this subtitle.
            ``(2) Delegation required.--At the request of a Governor of 
        a State, the Secretary shall delegate to that State the 
        authority to carry out functions under sections 899B and 899C, 
        if the Secretary determines that the State is capable of 
        satisfactorily carrying out such functions.
            ``(3) Funding.--Subject to the availability of 
        appropriations, if the Secretary delegates functions to a State 
        under this subsection, the Secretary shall provide to that 
        State sufficient funds to carry out the delegated functions.
    ``(c) Provision of Guidance and Notification Materials to Ammonium 
Nitrate Facilities.--
            ``(1) Guidance.--The Secretary shall make available to each 
        owner of an ammonium nitrate facility registered under section 
        899B(c)(1) guidance on--
                    ``(A) the identification of suspicious ammonium 
                nitrate purchases or transfers or attempted purchases 
                or transfers;
                    ``(B) the appropriate course of action to be taken 
                by the ammonium nitrate facility owner with respect to 
                such a purchase or transfer or attempted purchase or 
                transfer, including--
                            ``(i) exercising the right of the owner of 
                        the ammonium nitrate facility to decline sale 
                        of ammonium nitrate; and
                            ``(ii) notifying appropriate law 
                        enforcement entities; and
                    ``(C) additional subjects determined appropriate by 
                to prevent the misappropriation or use of ammonium 
                nitrate in an act of terrorism.
            ``(2) Use of materials and programs.--In providing guidance 
        under this subsection, the Secretary shall, to the extent 
        practicable, leverage any relevant materials and programs.
            ``(3) Notification materials.--
                    ``(A) In general.--The Secretary shall make 
                available materials suitable for posting at locations 
                where ammonium nitrate is sold.
                    ``(B) Design of materials.--Materials made 
                available under subparagraph (A) shall be designed to 
                notify prospective ammonium nitrate purchasers of--
                            ``(i) the record-keeping requirements under 
                        section 899B; and
                            ``(ii) the penalties for violating such 
                        requirements.

``SEC. 899E. THEFT REPORTING REQUIREMENT.

    ``Any person who is required to comply with section 899B(e) who has 
knowledge of the theft or unexplained loss of ammonium nitrate shall 
report such theft or loss to the appropriate Federal law enforcement 
authorities not later than 1 calendar day of the date on which the 
person becomes aware of such theft or loss. Upon receipt of such 
report, the relevant Federal authorities shall inform State, local, and 
tribal law enforcement entities, as appropriate.

``SEC. 899F. PROHIBITIONS AND PENALTY.

    ``(a) Prohibitions.--
            ``(1) Taking possession.--No person shall take possession 
        of ammonium nitrate from an ammonium nitrate facility unless 
        such person is registered under subsection (c) or (d) of 
        section 899B, or is an agent of a person registered under 
        subsection (c) or (d) of that section.
            ``(2) Transferring possession.--An owner of an ammonium 
        nitrate facility shall not transfer possession of ammonium 
        nitrate from the ammonium nitrate facility to any person who is 
        not registered under subsection (c) or (d) of section 899B, or 
        is not an agent of a person registered under subsection (c) or 
        (d) of that section.
            ``(3) Other prohibitions.--No person shall--
                    ``(A) buy and take possession of ammonium nitrate 
                without a registration number required under subsection 
                (c) or (d) of section 899B;
                    ``(B) own or operate an ammonium nitrate facility 
                without a registration number required under section 
                899B(c); or
                    ``(C) fail to comply with any requirement or 
                violate any other prohibition under this subtitle.
    ``(b) Civil Penalty.--A person that violates this subtitle may be 
assessed a civil penalty by the Secretary of not more than $50,000 per 
violation.
    ``(c) Penalty Considerations.--In determining the amount of a civil 
penalty under this section, the Secretary shall consider--
            ``(1) the nature and circumstances of the violation;
            ``(2) with respect to the person who commits the violation, 
        any history of prior violations, the ability to pay the 
        penalty, and any effect the penalty is likely to have on the 
        ability of such person to do business; and
            ``(3) any other matter that the Secretary determines that 
        justice requires.
    ``(d) Notice and Opportunity for a Hearing.--No civil penalty may 
be assessed under this subtitle unless the person liable for the 
penalty has been given notice and an opportunity for a hearing on the 
violation for which the penalty is to be assessed in the county, 
parish, or incorporated city of residence of that person.
    ``(e) Delay in Application of Prohibition.--Paragraphs (1) and (2) 
of subsection (a) shall apply on and after the date that is 6 months 
after the date that the Secretary issues of a final rule implementing 
this subtitle.

``SEC. 899G. PROTECTION FROM CIVIL LIABILITY.

    ``(a) In General.--Notwithstanding any other provision of law, an 
owner of an ammonium nitrate facility that in good faith refuses to 
sell or transfer ammonium nitrate to any person, or that in good faith 
discloses to the Department or to appropriate law enforcement 
authorities an actual or attempted purchase or transfer of ammonium 
nitrate, based upon a reasonable belief that the person seeking 
purchase or transfer of ammonium nitrate may use the ammonium nitrate 
to create an explosive device to be employed in an act of terrorism (as 
defined in section 3077 of title 18, United States Code), or to use 
ammonium nitrate for any other unlawful purpose, shall not be liable in 
any civil action relating to that refusal to sell ammonium nitrate or 
that disclosure.
    ``(b) Reasonable Belief.--A reasonable belief that a person may use 
ammonium nitrate to create an explosive device to be employed in an act 
of terrorism under subsection (a) may not solely be based on the race, 
sex, national origin, creed, religion, status as a veteran, or status 
as a member of the Armed Forces of the United States of that person.

``SEC. 899H. PREEMPTION OF OTHER LAWS.

    ``(a) Other Federal Regulations.--Except as provided in section 
899G, nothing in this subtitle affects any regulation issued by any 
agency other than an agency of the Department.
    ``(b) State Law.--Subject to section 899G, this subtitle preempts 
the laws of any State to the extent that such laws are inconsistent 
with this subtitle, except that this subtitle shall not preempt any 
State law that provides additional protection against the acquisition 
of ammonium nitrate by terrorists or the use of ammonium nitrate in 
explosives in acts of terrorism or for other illicit purposes, as 
determined by the Secretary.

``SEC. 899I. DEADLINES FOR REGULATIONS.

    ``The Secretary--
            ``(1) shall issue a proposed rule implementing this 
        subtitle not later than 6 months after the date of the 
        enactment of this subtitle; and
            ``(2) issue a final rule implementing this subtitle not 
        later than 1 year after such date of enactment.

``SEC. 899J. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Secretary--
            ``(1) $2,000,000 for fiscal year 2008; and
            ``(2) $10,750,000 for each of fiscal years 2009 through 
        2012.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the item relating to section 899 
the following:

           ``Subtitle J--Secure Handling of Ammonium Nitrate

``Sec. 899A. Definitions.
``Sec. 899B. Regulation of the sale and transfer of ammonium nitrate.
``Sec. 899C. Inspection and auditing of records.
``Sec. 899D. Administrative provisions.
``Sec. 899E. Theft reporting requirement.
``Sec. 899F. Prohibitions and penalty.
``Sec. 899G. Protection from civil liability.
``Sec. 899H. Preemption of other laws.
``Sec. 899I. Deadlines for regulations.
``Sec. 899J. Authorization of appropriations.''.
    Sec. 552. Risk Management and Analysis Special Event; 2010 
Vancouver Olympic and Paralympic Games. As soon as practicable, but not 
later than 3 months after the date of enactment of this Act, the 
Secretary of Homeland Security shall submit to the Committee on 
Appropriations, the Committee on Homeland Security and Governmental 
Affairs, and the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Appropriations, the Committee on 
Homeland Security, and the Committee on Transportation and 
Infrastructure of the House of Representatives a report regarding the 
plans of the Secretary of Homeland Security relating to--
            (1) implementing the recommendations regarding the 2010 
        Vancouver Olympic and Paralympic Games in the Joint Explanatory 
        Statement of the Committee of Conference on H.R. 5441 (109th 
        Congress), the Department of Homeland Security Appropriations 
        Act, 2007, with specific funding strategies for--
                    (A) the Multiagency Coordination Center; and
                    (B) communications exercises to validate 
                communications pathways, test equipment, and support 
                the training and familiarization of personnel on the 
                operations of the different technologies used to 
                support the 2010 Vancouver Olympic and Paralympic 
                Games; and
            (2) the feasibility of implementing a program to prescreen 
        individuals traveling by rail between Vancouver, Canada and 
        Seattle, Washington during the 2010 Vancouver Olympic and 
        Paralympic Games, while those individuals are located in 
        Vancouver, Canada, similar to the preclearance arrangements in 
        effect in Vancouver, Canada for certain flights between the 
        United States and Canada.
    Sec. 553. Improvement of Barriers at Border. Section 102 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1103 note) is amended--
            (1) in subsection (a), by striking ``Attorney General, in 
        consultation with the Commissioner of Immigration and 
        Naturalization,'' and inserting ``Secretary of Homeland 
        Security''; and
            (2) in subsection (b)--
                    (A) in the subsection heading, by striking ``in the 
                Border Area'' and inserting ``Along the Border'';
                    (B) by redesignating paragraphs (1), (2), (3), and 
                (4) as paragraphs (2), (3), (4), and (5), respectively;
                    (C) in paragraph (2), as redesignated--
                            (i) in the paragraph heading, by striking 
                        ``Security features'' and inserting 
                        ``Additional fencing along southwest border''; 
                        and
                            (ii) by striking subparagraphs (A) through 
                        (C) and inserting the following:
                    ``(A) Reinforced fencing.--In carrying out 
                subsection (a), the Secretary of Homeland Security 
                shall construct reinforced fencing along not less than 
                700 miles of the southwest border where fencing would 
                be most practical and effective and provide for the 
                installation of additional physical barriers, roads, 
                lighting, cameras, and sensors to gain operational 
                control of the southwest border.
                    ``(B) Priority areas.--In carrying out this 
                section, the Secretary of Homeland Security shall--
                            ``(i) identify the 370 miles along the 
                        southwest border where fencing would be most 
                        practical and effective in deterring smugglers 
                        and aliens attempting to gain illegal entry 
                        into the United States; and
                            ``(ii) not later than December 31, 2008, 
                        complete construction of reinforced fencing 
                        along the 370 miles identified under clause 
                        (i).
                    ``(C) Consultation.--
                            ``(i) In general.--In carrying out this 
                        section, the Secretary of Homeland Security 
                        shall consult with the Secretary of Interior, 
                        the Secretary of Agriculture, States, local 
                        governments, Indian tribes, and property owners 
                        in the United States to minimize the impact on 
                        the environment, culture, commerce, and quality 
                        of life for the communities and residents 
                        located near the sites at which such fencing is 
                        to be constructed.
                            ``(ii) Savings provision.--Nothing in this 
                        subparagraph may be construed to--
                                    ``(I) create any right of action 
                                for a State, local government, or other 
                                person or entity affected by this 
                                subsection; or
                                    ``(II) affect the eminent domain 
                                laws of the United States or of any 
                                State.
                    ``(D) Limitation on requirements.--Notwithstanding 
                subparagraph (A), nothing in this paragraph shall 
                require the Secretary of Homeland Security to install 
                fencing, physical barriers, roads, lighting, cameras, 
                and sensors in a particular location along an 
                international border of the United States, if the 
                Secretary determines that the use or placement of such 
                resources is not the most appropriate means to achieve 
                and maintain operational control over the international 
                border at such location.''; and
                    (D) in paragraph (5), as redesignated, by striking 
                ``to carry out this subsection not to exceed 
                $12,000,000'' and inserting ``such sums as may be 
                necessary to carry out this subsection''.
    Sec. 554. Accountability in Grant and Contract Administration. The 
Department of Homeland Security, through the Federal Emergency 
Management Agency, shall--
            (1) consider implementation, through fair and open 
        competition, of management, tracking and accountability systems 
        to assist in managing grant allocations, distribution, 
        expenditures, and asset tracking; and
            (2) consider any efficiencies created through cooperative 
        purchasing agreements.
    Sec. 555. None of the funds made available in this Act may be used 
to destroy or put out to pasture any horse or other equine belonging to 
the Federal Government that has become unfit for service, unless the 
trainer or handler is first given the option to take possession of the 
equine through an adoption program that has safeguards against 
slaughter and inhumane treatment.
    Sec. 556. International Registered Traveler Program. Section 
7208(k)(3) of the Intelligence Reform and Terrorism Prevention Act of 
2004 (8 U.S.C. 1365b(k)(3)) is amended to read as follows:
            ``(3) International registered traveler program.--
                    ``(A) In general.--The Secretary of Homeland 
                Security shall establish an international registered 
                traveler program that incorporates available 
                technologies, such as biometrics and e-passports, and 
                security threat assessments to expedite the screening 
                and processing of international travelers, including 
                United States Citizens and residents, who enter and 
                exit the United States. The program shall be 
                coordinated with the US-VISIT program, other pre-
                screening initiatives, and the Visa Waiver Program 
                within the Department of Homeland Security.
                    ``(B) Fees.--The Secretary may impose a fee for the 
                program established under subparagraph (A) and may 
                modify such fee from time to time. The fee may not 
                exceed the aggregate costs associated with the program 
                and shall be credited to the Department of Homeland 
                Security for purposes of carrying out the program. 
                Amounts so credited shall remain available until 
                expended.
                    ``(C) Rulemaking.--Within 365 days after the date 
                of enactment of this paragraph, the Secretary shall 
                initiate a rulemaking to establish the program, 
                criteria for participation, and the fee for the 
                program.
                    ``(D) Implementation.--Not later than 2 years after 
                the date of enactment of this paragraph, the Secretary 
                shall establish a phased-implementation of a biometric-
                based international registered traveler program in 
                conjunction with the US-VISIT entry and exit system, 
                other pre-screening initiatives, and the Visa Waiver 
                Program within the Department of Homeland Security at 
                United States airports with the highest volume of 
                international travelers.
                    ``(E) Participation.--The Secretary shall ensure 
                that the international registered traveler program 
                includes as many participants as practicable by--
                            ``(i) establishing a reasonable cost of 
                        enrollment;
                            ``(ii) making program enrollment convenient 
                        and easily accessible; and
                            ``(iii) providing applicants with clear and 
                        consistent eligibility guidelines.''.
    Sec. 557. Report on the Performance Accountability and Standards 
System of the Transportation Security Administration. Not later than 
March 1, 2008, the Transportation Security Administration shall submit 
a report to the Committees on Appropriations of the Senate and the 
House of Representatives, the Committee on Homeland Security and 
Governmental Affairs of the Senate, the Committee on Commerce, Science, 
and Transportation of the Senate, the Committee on Homeland Security of 
the House of Representatives, and the Committee on Transportation and 
Infrastructure of the House of Representatives on the implementation of 
the Performance Accountability and Standards System, including--
            (1) the number of employees who achieved each level of 
        performance;
            (2) a comparison between managers and non-managers relating 
        to performance and pay increases;
            (3) the type and amount of all pay increases that have 
        taken effect for each level of performance; and
            (4) the attrition of employees covered by the Performance 
        Accountability and Standards System.
    Sec. 558. Shared Border Management. (a) Study.--The Comptroller 
General of the United States shall conduct a study on the Department of 
Homeland Security's use of shared border management to secure the 
international borders of the United States.
    (b) Report.--The Comptroller General shall submit a report to 
Congress that describes--
            (1) any negotiations, plans, or designs conducted by 
        officials of the Department of Homeland Security regarding the 
        practice of shared border management; and
            (2) the factors required to be in place for shared border 
        management to be successful.
    Sec. 559. Amounts authorized to be appropriated in the Border Law 
Enforcement Relief Act of 2007 are increased by $50,000,000 for each of 
the fiscal years 2008 through 2012.
    Sec. 560. GAO Study of Cost of Fencing on the Southern Border. (a) 
Inquiry and Report Required.--The Comptroller of the United States 
shall conduct a study examining--
            (1) the total amount of money that has been expended, as of 
        June 20, 2007, to construct 90 miles of fencing on the southern 
        border of the United States;
            (2) the average cost per mile of the 90 miles of fencing on 
        the southern border as of June 20, 2007;
            (3) the average cost per mile of the 370 miles of fencing 
        that the Department of Homeland Security is required to have 
        completed on the southern border by December 31, 2008, which 
        shall include $1,187,000,000 appropriated in fiscal year 2007 
        for ``border security fencing, technology, and infrastructure'' 
        and the $1,000,000,000 appropriated under this Act under the 
        heading ``Border Security Fencing, Infrastructure, and 
        Technology'';
            (4) the total cost and average cost per mile to construct 
        the 700 linear miles (854 topographical miles) of fencing on 
        the southern border required to be constructed under section 
        102(b) of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996, as amended by section 3 of the 
        Secure Fence Act of 2006 (Public Law 109-367);
            (5) the total cost and average cost per mile to construct 
        the fencing described in paragraph (4) if the double layer 
        fencing requirement were eliminated; and
            (6) the number of miles of single layer fencing, if fencing 
        were not accompanied by additional technology and 
        infrastructure such as cameras, sensors, and roads, which could 
        be built with the $1,187,000,000 appropriated in fiscal year 
        2007 for ``border security fencing, technology, and 
        infrastructure'' and the $1,000,000,000 appropriated under this 
        Act under the heading ``Border Security Fencing, 
        Infrastructure, and Technology''.
    (b) Submission of Report.--Not later than 1 year after the date of 
the enactment of this Act, the Comptroller General shall submit a 
report on the results of the study conducted pursuant to subsection (a) 
to--
            (1) the Committee on Appropriations of the Senate;
            (2) the Committee on the Judiciary of the Senate;
            (3) the Committee on Appropriations of the House of 
        Representatives; and
            (4) the Committee on the Judiciary of the House of 
        Representatives.
    Sec. 561. Sense of Senate on Immigration.--(a) Findings.--The 
Senate makes the following findings:
            (1) On June 28th, 2007, the Senate, by a vote of 46 to 53, 
        rejected a motion to invoke cloture on a bill to provide for 
        comprehensive immigration reform.
            (2) Illegal immigration remains the top domestic issue in 
        the United States.
            (3) The people of the United States continue to feel the 
        effects of a failed immigration system on a daily basis, and 
        they have not forgotten that Congress and the President have a 
        duty to address the issue of illegal immigration and the 
        security of the international borders of the United States.
            (4) People from across the United States have shared with 
        members of the Senate their wide ranging and passionate 
        opinions on how best to reform the immigration system.
            (5) There is no consensus on an approach to comprehensive 
        immigration reform that does not first secure the international 
        borders of the United States.
            (6) There is unanimity that the Federal Government has a 
        responsibility to, and immediately should, secure the 
        international borders of the United States.
            (7) Border security is an integral part of national 
        security.
            (8) The greatest obstacle the Federal Government faces with 
        respect to the people of the United States is a lack of trust 
        that the Federal Government will secure the international 
        borders of the United States.
            (9) This lack of trust is rooted in the past failures of 
        the Federal Government to uphold and enforce immigration laws 
        and the failure of the Federal Government to secure the 
        international borders of the United States.
            (10) Failure to uphold and enforce immigration laws has 
        eroded respect for those laws and eliminated the faith of the 
        people of the United States in the ability of their elected 
        officials to responsibly administer immigration programs.
            (11) It is necessary to regain the trust of the people of 
        the United States in the competency of the Federal Government 
        to enforce immigration laws and manage the immigration system.
            (12) Securing the borders of the United States would serve 
        as a starting point to begin to address other issues 
        surrounding immigration reform on which there is not consensus.
            (13) Congress has not fully funded some interior and border 
        security activities that it has authorized.
            (14) The President of the United States can initiate 
        emergency spending by designating certain spending as 
        ``emergency spending'' in a request to the Congress.
            (15) The lack of security on the international borders of 
        the United States rises to the level of an emergency.
            (16) The Border Patrol are apprehending some, but not all, 
        individuals from countries that the Secretary of State has 
        determined have repeatedly provided support for acts of 
        international terrorism who cross or attempt to cross illegally 
        into the United States.
            (17) The Federal Bureau of Investigation is investigating a 
        human smuggling ring that has been bringing Iraqis and other 
        Middle Eastern individuals across the international borders of 
        the United States.
    (b) Sense of Senate.--It is the sense of Senate that--
            (1) the Federal Government should work to regain the trust 
        of the people of the United States in its ability of the 
        Federal Government to secure the international borders of the 
        United States;
            (2) in order to restore the credibility of the Federal 
        Government on this critical issue, the Federal Government 
        should prove its ability to enforce immigration laws by taking 
        actions such as securing the border, stopping the flow of 
        illegal immigrants and drugs into the United States, and 
        creating a tamper-proof biometric identification card for 
        foreign workers; and
            (3) the President should request emergency spending that 
        fully funds--
                    (A) existing interior and border security 
                authorizations that have not been funded by Congress; 
                and
                    (B) the border and interior security initiatives 
                contained in the bill to provide for comprehensive 
                immigration reform and for other purposes (S. 1639) 
                introduced in the Senate on June 18, 2007.
    Sec. 562. Ensuring the Safety of Agricultural Imports.--(a) 
Findings.--Congress makes the following findings:
            (1) The Food and Drug Administration, as part of its 
        responsibility to ensure the safety of food and other imports, 
        maintains a presence at 91 of the 320 points of entry into the 
        United States.
            (2) United States Customs and Border Protection personnel 
        are responsible for monitoring imports and alerting the Food 
        and Drug Administration to suspicious material entering the 
        United States at the remaining 229 points of entry.
    (b) Report.--The Commissioner of U.S. Customs and Border Protection 
shall submit a report to Congress that describes the training of U.S. 
Customs and Border Protection personnel to effectively assist the Food 
and Drug Administration in monitoring our Nation's food supply.
    Sec. 563. (a) Study on Implementation of Voluntary Provision of 
Emergency Services Program.--
            (1) Not later than 180 days after the date of the enactment 
        of this Act, the Administrator of the Transportation Security 
        Administration shall conduct a study on the implementation of 
        the voluntary provision of emergency services program 
        established pursuant to section 44944(a) of title 49, United 
        States Code (referred to in this section as the ``program'').
            (2) As part of the study required by paragraph (1), the 
        Administrator shall assess the following:
                    (A) Whether training protocols established by air 
                carriers and foreign air carriers include training 
                pertinent to the program and whether such training is 
                effective for purposes of the program.
                    (B) Whether employees of air carriers and foreign 
                air carriers responsible for implementing the program 
                are familiar with the provisions of the program.
                    (C) The degree to which the program has been 
                implemented in airports.
                    (D) Whether a helpline or other similar mechanism 
                of assistance provided by an air carrier, foreign air 
                carrier, or the Transportation Security Administration 
                should be established to provide assistance to 
                employees of air carriers and foreign air carriers who 
                are uncertain of the procedures of the program.
            (3) In making the assessment required by paragraph (2)(C), 
        the Administrator may make use of unannounced interviews or 
        other reasonable and effective methods to test employees of air 
        carriers and foreign air carriers responsible for registering 
        law enforcement officers, firefighters, and emergency medical 
        technicians as part of the program.
            (4)(A) Not later than 60 days after the completion of the 
        study required by paragraph (1), the Administrator shall submit 
        to Congress a report on the findings of such study.
                    (B) The Administrator shall make such report 
                available to the public by Internet web site or other 
                appropriate method.
    (b) Publication of Report Previously Submitted.--The Administrator 
shall make available to the public on the Internet web site of the 
Transportation Security Administration or the Department of Homeland 
Security the report required by section 554(b) of the Department of 
Homeland Security Appropriations Act, 2007 (Public Law 109-295).
    (c) Mechanism for Reporting Problems.--The Administrator shall 
develop a mechanism on the Internet web site of the Transportation 
Security Administration or the Department of Homeland Security by which 
first responders may report problems with or barriers to volunteering 
in the program. Such mechanism shall also provide information on how to 
submit comments related to volunteering in the program.
    (d) Air Carrier and Foreign Air Carrier Defined.--In this section, 
the terms ``air carrier'' and ``foreign air carrier'' have the meaning 
given such terms in section 40102 of title 49, United States Code.
    Sec. 564. None of the funds appropriated or otherwise made 
available by this Act may be used to enter into a contract in an amount 
greater than $5,000,000 or to award a grant in excess of such amount 
unless the prospective contractor or grantee certifies in writing to 
the agency awarding the contract or grant that the contractor or 
grantee has no unpaid Federal tax assessments, that the contractor or 
grantee has entered into an installment agreement or offer in 
compromise that has been accepted by the IRS to resolve any unpaid 
Federal tax assessments, or, in the case of unpaid Federal tax 
assessments other than for income, estate, and gift taxes, that the 
liability for the unpaid assessments is the subject of a non-frivolous 
administrative or judicial appeal. For purposes of the preceding 
sentence, the certification requirement of part 52.209-5 of the Federal 
Acquisition Regulation shall also include a requirement for a 
certification by a prospective contractor of whether, within the three-
year period preceding the offer for the contract, the prospective 
contractor--
            (1) has or has not been convicted of or had a civil 
        judgment or other judicial determination rendered against the 
        contractor for violating any tax law or failing to pay any tax;
            (2) has or has not been notified of any delinquent taxes 
        for which the liability remains unsatisfied; or
            (3) has or has not received a notice of a tax lien filed 
        against the contractor for which the liability remains 
        unsatisfied or for which the lien has not been released.
    Sec. 565. Transportation Facility Access Control Programs.
    The Secretary of Homeland Security shall work with appropriate 
officials of Florida and of other States to resolve the differences 
between the Transportation Worker Identification Credential program 
administered by the Transportation Security Administration and existing 
State transportation facility access control programs.
    Sec. 566. None of the funds made available in this Act may be used 
for planning, testing, piloting, or developing a national 
identification card.
    Sec. 567. Additional Assistance for Preparation of Plans.
    Subparagraph (L) of section 33(b)(3) of the Federal Fire Prevention 
and Control Act of 1974 (15 U.S.C. 2229(b)(3)) is amended to read as 
follows:
                    ``(L) To fund fire prevention programs, including 
                planning and preparation for wildland fires.''.
    Sec. 568. Sense of Congress. It is the sense of Congress that 
sufficient funds should be appropriated to allow the Secretary to 
increase the number of personnel of U.S. Customs and Border Protection 
protecting the northern border by 1,517 officers and 788 agents, as 
authorized by--
            (1) section 402 of the Uniting and Strengthening America by 
        Providing Appropriate Tools Required to Intercept and Obstruct 
        Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56);
            (2) section 331 of the Trade Act of 2002 (Public Law 107-
        210); and
            (3) section 5202 of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (Public Law 108-458).
    Sec. 569. Study of Radio Communications Along the International 
Borders of the United States.--(a) In General.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Homeland 
Security shall conduct a study to determine the areas along the 
international borders of the United States where Federal and State law 
enforcement officers are unable to achieve radio communication or where 
radio communication is inadequate.
    (b) Development of Plan.--
            (1) In general.--Upon the conclusion of the study described 
        in subsection (a), the Secretary shall develop a plan for 
        enhancing radio communication capability along the 
        international borders of the United States.
            (2) Contents.--The plan developed under paragraph (1) shall 
        include--
                    (A) an estimate of the costs required to implement 
                the plan; and
                    (B) a description of the ways in which Federal, 
                State, and local law enforcement officers could benefit 
                from the implementation of the plan.
    Sec. 570. Of the funds provided under this Act or any other Act to 
United States Citizenship and Immigration Services, not less than 
$1,000,000 shall be provided for a benefits fraud assessment of the H-
1B Visa Program.
    Sec. 571. (a) Report on Interagency Operational Centers for Port 
Security.--Not later than 180 days after the date of the enactment of 
this Act, the Commandant of the Coast Guard shall submit to Congress a 
report, and make the report available on its website, on the 
implementation and use of interagency operational centers for port 
security under section 70107A of title 46, United States Code.
    (b) Elements.--The report required by subsection shall include the 
following:
            (1) A detailed description of the progress made in 
        transitioning Project Seahawk in Charleston, South Carolina, 
        from the Department of Justice to the Coast Guard, including 
        all projects and equipment associated with that project.
            (2) A detailed description of that actions being taken to 
        assure the integrity of Project Seahawk and ensure there is no 
        loss in cooperation between the agencies specified in section 
        70107A(b)(3) of title 46, United State Code.
            (3) A detailed description and explanation of any changes 
        in Project Seahawk as of the date of the report, including any 
        changes in Federal, State, or local staffing of that project.
    Sec. 572. (a) The amount appropriated by title III for necessary 
expenses for programs authorized by the Federal Fire Prevention and 
Control Act of 1974 under the heading ``firefighter assistance grants'' 
is hereby increased by $5,000,000 for necessary expenses to carry out 
the programs authorized under section 34 of that Act (15 U.S.C. 2229a).
    (b) The amount appropriated by title III under the heading 
``infrastructure protection and information security'' is hereby 
reduced by $5,000,000.
    Sec. 573. TSA Acquisition Management Policy. (a) In General.--
Section 114 of title 49, United States Code, is amended by striking 
subsection (o) and redesignating subsections (p) through (t) as 
subsections (o) through (s), respectively.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect 180 days after the date of enactment of this Act.
    Sec. 574. Report on Urban Area Security Initiative. Not later than 
180 days after the date of enactment of this Act, the Government 
Accountability Office shall submit a report to the appropriate 
congressional committees which describes the criteria and factors the 
Department of Homeland Security uses to determine the regional 
boundaries for Urban Area Security Initiative regions, including a 
determination if the Department is meeting its goal to implement a 
regional approach with respect to Urban Area Security Initiative 
regions, and provides recommendations for how the Department can better 
facilitate a regional approach for Urban Area Security Initiative 
regions.
    Sec. 575. (a) In this section:
            (1) The term ``covered funds'' means funds provided under 
        section 173 of the Workforce Investment Act of 1998 (29 U.S.C. 
        2918) to a State that submits an application under that section 
        not earlier than May 4, 2007, for a national emergency grant to 
        address the effects of the May 4, 2007, Greensburg, Kansas 
        tornado.
            (2) The term ``professional municipal services'' means 
        services that are necessary to facilitate the recovery of 
        Greensburg, Kansas from that tornado, and necessary to plan for 
        or provide basic management and administrative services, which 
        may include--
                    (A) the overall coordination of disaster recovery 
                and humanitarian efforts, oversight, and enforcement of 
                building code compliance, and coordination of health 
                and safety response units; or
                    (B) the delivery of humanitarian assistance to 
                individuals affected by that tornado.
    (b) Covered funds may be used to provide temporary public sector 
employment and services authorized under section 173 of such Act to 
individuals affected by such tornado, including individuals who were 
unemployed on the date of the tornado, or who are without employment 
history, in addition to individuals who are eligible for disaster 
relief employment under section 173(d)(2) of such Act.
    (c) Covered funds may be used to provide professional municipal 
services for a period of not more than 24 months, by hiring or 
contracting with individuals or organizations (including individuals 
employed by contractors) that the State involved determines are 
necessary to provide professional municipal services.
    (d) Covered funds expended under this section may be spent on costs 
incurred not earlier than May 4, 2007.
    Sec. 576. Data Relating to Declarations of a Major Disaster. (a) In 
General.--Notwithstanding any other provision of this Act, except as 
provided in subsection (b), and 30 days after the date that the 
President determines whether to declare a major disaster because of an 
event and any appeal is completed, the Administrator shall submit to 
the Committee on Homeland Security and Governmental Affairs of the 
Senate and the Committee on Homeland Security of the House of 
Representatives, and the Senate Committee on Appropriations, and 
publish on the website of the Federal Emergency Management Agency, a 
report regarding that decision, which shall summarize damage assessment 
information used to determine whether to declare a major disaster.
    (b) Exception.--The Administrator may redact from a report under 
subsection (a) any data that the Administrator determines would 
compromise national security.
    (c) Definitions.--In this section--
            (1) the term ``Administrator'' means the Administrator of 
        the Federal Emergency Management Agency; and
            (2) the term ``major disaster'' has the meaning given that 
        term in section 102 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5122).
    Sec. 577. National Transportation Security Center of Excellence.--
If the Secretary of Homeland Security establishes a National 
Transportation Security Center of Excellence to conduct research and 
education activities, and to develop or provide professional security 
training, including the training of transportation employees and 
transportation professionals, the Mineta Transportation Institute at 
San Jose State University may be included as a member institution of 
such Center.
    Sec. 578.  Of amounts appropriated under section 1003, 
$100,000,000, with $50,000,000 each to the Cities of Denver, Colorado, 
and St. Paul, Minnesota, shall be available for State and local law 
enforcement entities for security and related costs, including 
overtime, associated with the Democratic National Conventional and 
Republican National Convention in 2008. Amounts provided by this 
section are designated as an emergency requirement pursuant to section 
204 of S. Con. Res. 21 (110th Congress).

              TITLE VI--BORDER LAW ENFORCEMENT RELIEF ACT

    Sec. 601. Short Title.
    This title may be cited as the ``Border Law Enforcement Relief Act 
of 2007''.
    Sec. 602. Border Relief Grant Program.
    (a) Grants Authorized.--
            (1) In general.--The Secretary is authorized to award 
        grants, subject to the availability of appropriations, to an 
        eligible law enforcement agency to provide assistance to such 
        agency to address--
                    (A) criminal activity that occurs in the 
                jurisdiction of such agency by virtue of such agency's 
                proximity to the United States border; and
                    (B) the impact of any lack of security along the 
                United States border.
            (2) Duration.--Grants may be awarded under this subsection 
        during fiscal years 2008 through 2012.
            (3) Competitive basis.--The Secretary shall award grants 
        under this subsection on a competitive basis, except that the 
        Secretary shall give priority to applications from any eligible 
        law enforcement agency serving a community--
                    (A) with a population of less than 50,000; and
                    (B) located no more than 100 miles from a United 
                States border with--
                            (i) Canada; or
                            (ii) Mexico.
    (b) Use of Funds.--Grants awarded pursuant to subsection (a) may 
only be used to provide additional resources for an eligible law 
enforcement agency to address criminal activity occurring along any 
such border, including--
            (1) to obtain equipment;
            (2) to hire additional personnel;
            (3) to upgrade and maintain law enforcement technology;
            (4) to cover operational costs, including overtime and 
        transportation costs; and
            (5) such other resources as are available to assist that 
        agency.
    (c) Application.--
            (1) In general.--Each eligible law enforcement agency 
        seeking a grant under this section shall submit an application 
        to the Secretary at such time, in such manner, and accompanied 
        by such information as the Secretary may reasonably require.
            (2) Contents.--Each application submitted pursuant to 
        paragraph (1) shall--
                    (A) describe the activities for which assistance 
                under this section is sought; and
                    (B) provide such additional assurances as the 
                Secretary determines to be essential to ensure 
                compliance with the requirements of this section.
    (d) Definitions.--For the purposes of this section:
            (1) Eligible law enforcement agency.--The term ``eligible 
        law enforcement agency'' means a tribal, State, or local law 
        enforcement agency--
                    (A) located in a county no more than 100 miles from 
                a United States border with--
                            (i) Canada; or
                            (ii) Mexico; or
                    (B) located in a county more than 100 miles from 
                any such border, but where such county has been 
                certified by the Secretary as a High Impact Area.
            (2) High impact area.--The term ``High Impact Area'' means 
        any county designated by the Secretary as such, taking into 
        consideration--
                    (A) whether local law enforcement agencies in that 
                county have the resources to protect the lives, 
                property, safety, or welfare of the residents of that 
                county;
                    (B) the relationship between any lack of security 
                along the United States border and the rise, if any, of 
                criminal activity in that county; and
                    (C) any other unique challenges that local law 
                enforcement face due to a lack of security along the 
                United States border.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Department of Homeland Security.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        $50,000,000 for each of fiscal years 2008 through 2012 to carry 
        out the provisions of this section.
            (2) Division of authorized funds.--Of the amounts 
        authorized under paragraph (1)--
                    (A) \2/3\ shall be set aside for eligible law 
                enforcement agencies located in the 6 States with the 
                largest number of undocumented alien apprehensions; and
                    (B) \1/3\ shall be set aside for areas designated 
                as a High Impact Area under subsection (d).
    (f) Supplement Not Supplant.--Amounts appropriated for grants under 
this section shall be used to supplement and not supplant other State 
and local public funds obligated for the purposes provided under this 
title.
    Sec. 603. Enforcement of Federal Immigration Law.
    Nothing in this title shall be construed to authorize State or 
local law enforcement agencies or their officers to exercise Federal 
immigration law enforcement authority.

     TITLE VII--BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION

    Sec. 701. Short Title.
    This title may be cited as the ``Border Infrastructure and 
Technology Modernization Act of 2007''.
    Sec. 702. Definitions.--In this title:
            (1) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of United States Customs and Border Protection of 
        the Department of Homeland Security.
            (2) Maquiladora.--The term ``maquiladora'' means an entity 
        located in Mexico that assembles and produces goods from 
        imported parts for export to the United States.
            (3) Northern border.--The term ``northern border'' means 
        the international border between the United States and Canada.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (5) Southern border.--The term ``southern border'' means 
        the international border between the United States and Mexico.
    Sec. 703. Hiring and Training of Border and Transportation Security 
Personnel.--(a) Officers and Agents.--
            (1) Increase in officers and agents.--Subject to the 
        availability of appropriations, during each of fiscal years 
        2009 through 2013, the Secretary shall--
                    (A) increase the number of full-time agents and 
                associated support staff in United States Immigration 
                and Customs Enforcement of the Department of Homeland 
                Security by the equivalent of at least 100 more than 
                the number of such employees as of the end of the 
                preceding fiscal year; and
                    (B) increase the number of full-time officers, 
                agricultural specialists, and associated support staff 
                in United States Customs and Border Protection by the 
                equivalent of at least 200 more than the number of such 
                employees as of the end of the preceding fiscal year.
            (2) Waiver of fte limitation.--The Secretary is authorized 
        to waive any limitation on the number of full-time equivalent 
        personnel assigned to the Department of Homeland Security to 
        fulfill the requirements of paragraph (1).
    (b) Training.--As necessary, the Secretary, acting through the 
Assistant Secretary for the United States Immigration and Customs 
Enforcement and the Commissioner, shall provide appropriate training 
for agents, officers, agricultural specialists, and associated support 
staff of the Department of Homeland Security to utilize new 
technologies and to ensure that the proficiency levels of such 
personnel are acceptable to protect the borders of the United States.
    Sec. 704. Port of Entry Infrastructure Assessment Study.--(a) 
Requirement To Update.--Not later than January 31 of every other year, 
the Commissioner, in consultation with the Administrator of General 
Services shall--
            (1) review--
                    (A) the Port of Entry Infrastructure Assessment 
                Study prepared by the United States Customs Service, 
                the Immigration and Naturalization Service, and the 
                General Services Administration in accordance with the 
                matter relating to the ports of entry infrastructure 
                assessment set forth in the joint explanatory statement 
                on page 67 of conference report 106-319, accompanying 
                Public Law 106-58; and
                    (B) the nationwide strategy to prioritize and 
                address the infrastructure needs at the land ports of 
                entry prepared by the Department of Homeland Security 
                and the General Services Administration in accordance 
                with the committee recommendations on page 22 of Senate 
                report 108-86, accompanying Public Law 108-90;
            (2) update the assessment of the infrastructure needs of 
        all United States land ports of entry; and
            (3) submit an updated assessment of land port of entry 
        infrastructure needs to Congress.
    (b) Consultation.--In preparing the updated studies required under 
subsection (a), the Commissioner and the Administrator of General 
Services shall consult with the Director of the Office of Management 
and Budget, the Secretary, and affected State and local agencies on the 
northern and southern borders of the United States.
    (c) Content.--Each updated study required in subsection (a) shall--
            (1) identify port of entry infrastructure and technology 
        improvement projects that would enhance border security and 
        facilitate the flow of legitimate commerce if implemented;
            (2) include the projects identified in the National Land 
        Border Security Plan required by section 805; and
            (3) prioritize the projects described in paragraphs (1) and 
        (2) based on the ability of a project--
                    (A) to enhance the ability of United States Customs 
                and Border Protection to achieve its mission and to 
                support operations;
                    (B) to fulfill security requirements; and
                    (C) facilitate trade across the borders of the 
                United States.
    (d) Project Implementation.--The Commissioner, as appropriate, 
shall--
            (1) implement the infrastructure and technology improvement 
        projects described in subsection (c) in the order of priority 
        assigned to each project under subsection (c)(3); or
            (2) forward the prioritized list of infrastructure and 
        technology improvement projects to the Administrator of General 
        Services for implementation in the order of priority assigned 
        to each project under subsection (c)(3).
    (e) Divergence From Priorities.--The Commissioner may diverge from 
the priority order if the Commissioner determines that significantly 
changed circumstances, including immediate security needs, changes in 
infrastructure in Mexico or Canada, or similar concerns, compellingly 
alter the need for a project in the United States.
    Sec. 705. National Land Border Security Plan.--(a) Requirement for 
Plan.--Not later than January 31 of every other year, the Secretary, 
acting through the Commissioner, shall prepare a National Land Border 
Security Plan and submit such plan to Congress.
    (b) Consultation.--In preparing the plan required under subsection 
(a), the Commissioner shall consult with other appropriate Federal 
agencies, State and local law enforcement agencies, and private 
entities that are involved in international trade across the northern 
or southern border.
    (c) Vulnerability Assessment.--
            (1) In general.--The plan required under subsection (a) 
        shall include a vulnerability, risk, and threat assessment of 
        each port of entry located on the northern border or the 
        southern border.
            (2) Port security coordinators.--The Secretary, acting 
        through the Commissioner, may establish 1 or more port security 
        coordinators at each port of entry located on the northern 
        border or the southern border--
                    (A) to assist in conducting a vulnerability 
                assessment at such port; and
                    (B) to provide other assistance with the 
                preparation of the plan required under subsection (a).
    (d) Coordination with the Secure Border Initiative.--The plan 
required under subsection (a) shall include a description of activities 
undertaken during the previous year as part of the Secure Border 
Initiative and actions planned for the coming year as part of the 
Secure Border Initiative.
    Sec. 706. Expansion of Commerce Security Programs.--(a) Commerce 
Security Programs.--(1) In general.--Not later than 1 year after the 
date of the enactment of this Act, the Commissioner, in consultation 
with the Secretary, shall develop a plan to expand the size and scope, 
including personnel needs, of the Customs-Trade Partnership Against 
Terrorism program or other voluntary programs involving government 
entities and the private sector to strengthen and improve the overall 
security of the international supply chain and security along the 
northern and southern border of the United States.
            (2) Southern Border Supply Chain Security.--Not later than 
        1 year after the date of enactment of this Act, the 
        Commissioner shall provide Congress with a plan to improve 
        supply chain security along the southern border, including, 
        where appropriate, plans to implement voluntary programs 
        involving government entities and the private sector to 
        strengthen and improve the overall security of the 
        international supply chain that have been successfully 
        implemented on the northern border.
    Sec. 707. Port of Entry Technology Demonstration Program. (a) 
Establishment.--The Secretary, acting through the Commissioner, shall 
carry out a technology demonstration program to test and evaluate new 
port of entry technologies, refine port of entry technologies and 
operational concepts, and train personnel under realistic conditions.
    (b) Technology and Facilities.--
            (1) Technology tested.--Under the demonstration program, 
        the Commissioner shall test technologies that enhance port of 
        entry operations, including those related to inspections, 
        communications, port tracking, identification of persons and 
        cargo, sensory devices, personal detection, decision support, 
        and the detection and identification of weapons of mass 
        destruction.
            (2) Facilities developed.--At a demonstration site selected 
        pursuant to subsection (c)(3), the Commissioner shall develop 
        any facilities needed to provide appropriate training to 
        Federal law enforcement personnel who have responsibility for 
        border security, including cross-training among agencies, 
        advanced law enforcement training, and equipment orientation to 
        the extent that such training is not being conducted at 
        existing Federal facilities.
    (c) Demonstration Sites.--
            (1) Number.--The Commissioner shall carry out the 
        demonstration program at not less than 3 sites and not more 
        than 5 sites.
            (2) Location.--Of the sites selected under subsection (c)--
                    (A) at least 1 shall be located on the northern 
                border of the United States; and
                    (B) at least 1 shall be located on the southern 
                border of the United States.
            (3) Selection criteria.--To ensure that 1 of the facilities 
        selected as a port of entry demonstration site for the 
        demonstration program has the most up-to-date design, contains 
        sufficient space to conduct the demonstration program, has a 
        traffic volume low enough to easily incorporate new 
        technologies without interrupting normal processing activity, 
        and can efficiently carry out demonstration and port of entry 
        operations, 1 port of entry selected as a demonstration site 
        may--
                    (A) have been established not more than 15 years 
                before the date of the enactment of this Act;
                    (B) consist of not less than 65 acres, with the 
                possibility of expansion onto not less than 25 adjacent 
                acres; and
                    (C) have serviced an average of not more than 
                50,000 vehicles per month during the 12 months 
                preceding the date of the enactment of this Act.
    (d) Relationship With Other Agencies.--The Secretary, acting 
through the Commissioner, shall permit personnel from appropriate 
Federal agencies to utilize a demonstration site described in 
subsection (c) to test technologies that enhance port of entry 
operations, including those related to inspections, communications, 
port tracking, identification of persons and cargo, sensory devices, 
personal detection, decision support, and the detection and 
identification of weapons of mass destruction.
    (e) Report.--
            (1) Requirement.--Not later than 1 year after the date of 
        the enactment of this Act, and annually thereafter, the 
        Secretary shall submit to Congress a report on the activities 
        carried out at each demonstration site under the technology 
        demonstration program established under this section.
            (2) Content.--The report shall include an assessment by the 
        Commissioner of the feasibility of incorporating any 
        demonstrated technology for use throughout United States 
        Customs and Border Protection.
    Sec. 708. Authorization of Appropriations. (a) In General.--In 
addition to any funds otherwise available, there are authorized to be 
appropriated such sums as may be necessary to carry out sections 703, 
704, 705, 706, and 707 for fiscal years 2009 through 2013.
    (b) International Agreements.--Funds authorized to be appropriated 
under this title may be used for the implementation of projects 
described in the Declaration on Embracing Technology and Cooperation to 
Promote the Secure and Efficient Flow of People and Commerce across our 
Shared Border between the United States and Mexico, agreed to March 22, 
2002, Monterrey, Mexico (commonly known as the Border Partnership 
Action Plan) or the Smart Border Declaration between the United States 
and Canada, agreed to December 12, 2001, Ottawa, Canada that are 
consistent with the provisions of this title.

                      DIVISION B--BORDER SECURITY

                 TITLE X--BORDER SECURITY REQUIREMENTS

    Sec. 1001. Short Title.
    This division may be cited as the ``Border Security First Act of 
2007''.
    Sec. 1002. Border Security Requirements.
    (a) Requirements.--Not later than 2 years after the date of the 
enactment of this Act, the President shall ensure that the following 
are carried out:
            (1) Operational control of the international border with 
        mexico.--The Secretary of Homeland Security shall establish and 
        demonstrate operational control of 100 percent of the 
        international land border between the United States and Mexico, 
        including the ability to monitor such border through available 
        methods and technology.
            (2) Staff enhancements for border patrol.--The United 
        States Customs and Border Protection Border Patrol shall hire, 
        train, and report for duty 23,000 full-time agents.
            (3) Strong border barriers.--The United States Customs and 
        Border Protection Border Patrol shall--
                    (A) install along the international land border 
                between the United States and Mexico at least--
                            (i) 300 miles of vehicle barriers;
                            (ii) 700 linear miles of fencing as 
                        required by the Secure Fence Act of 2006 
                        (Public Law 109-367), as amended by this Act; 
                        and
                            (iii) 105 ground-based radar and camera 
                        towers; and
                    (B) deploy for use along the international land 
                border between the United States and Mexico 4 unmanned 
                aerial vehicles, and the supporting systems for such 
                vehicles.
            (4) Catch and return.--The Secretary of Homeland Security 
        shall detain all removable aliens apprehended crossing the 
        international land border between the United States and Mexico 
        in violation of Federal or State law, except as specifically 
        mandated by Federal or State law or humanitarian circumstances, 
        and United States Immigration and Customs Enforcement shall 
        have the resources to maintain this practice, including the 
        resources necessary to detain up to 45,000 aliens per day on an 
        annual basis.
    (b) Presidential Progress Report.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, and every 90 days thereafter until the 
        requirements under subsection (a) are met, the President shall 
        submit a report to Congress detailing the progress made in 
        funding, meeting, or otherwise satisfying each of the 
        requirements described under paragraphs (1) through (4) of 
        subsection (a), including detailing any contractual agreements 
        reached to carry out such measures.
            (2) Progress not sufficient.--If the President determines 
        that sufficient progress is not being made, the President shall 
        include in the report required under paragraph (1) specific 
        funding recommendations, authorization needed, or other actions 
        that are or should be undertaken by the Secretary of Homeland 
        Security.
    Sec. 1003. Appropriations for Border Security.
    There is hereby appropriated $3,000,000,000 to satisfy the 
requirements set out in section 1002(a) and, if any amount remains 
after satisfying such requirements, to achieve and maintain operational 
control over the international land and maritime borders of the United 
States, for employment eligibility verification improvements, for 
increased removal and detention of visa overstays, criminal aliens, 
aliens who have illegally reentered the United States, and for 
reimbursement of State and local section 287(g) expenses. These amounts 
are designated as an emergency requirement pursuant to section 204 of 
S. Con. Res. 21 (110th Congress).
    This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2008''.

            Attest:

                                                             Secretary.
110th CONGRESS

  1st Session

                               H. R. 2638

_______________________________________________________________________

                               AMENDMENT